82 tal-2019

L.N. 82 of 2019

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Strategic Environmental Assessment (Amendment)

Regulations, 2019

BY VIRTUE of the powers conferred by articles 54 and 55 of

the Environment Protection Act, the Minister for the Environment,

Sustainable Development and Climate Change has made the

following regulations:-

The title of these regulations is the Strategic Citation.

Environmental Assessment (Amendment) Regulations, 2019, and

these regulations shall be read and construed as one with the Strategic S.L. 549.61

Environmental Assessment Regulations, hereinafter referred to as

"the principal regulations".

Immediately after sub-regulation (2) of regulation 2 of the Amends

principal regulations there shall be added the following new sub- regulation

the principal

regulations

regulations.

"(3) These regulations shall have effect without

prejudice to the provisions of the Protocol on Strategic

Environmental Assessment to the Convention on Environmental

Impact Assessment in a Transboundary Context done in Kiev on

the twenty-first day of May 2003 ("the Kiev Protocol") which

forms part of the laws of Malta, and which is reproduced in

Schedule III.

(4) The text of the said Kiev Protocol is being published

in the English Language only, in the English text of these

regulations.".

Immediately after the definition "competent authority" in Amends

sub-regulation (1) of regulation 3 of the principal regulations there regulation

the principal

shall be added the following new definition

regulations.

"the Convention" means the Convention on Environmental

Impact Assessment in a Transboundary Context done in Espoo,

Finland on the twenty-fifth day of February 1991;".

Sub-regulation (3) of regulation 7 of the principal Amends

regulation 7 of

regulations shall be substituted by the following

the principal

regulations.

"(3) The designated authorities to be consulted which, by

reason of their specific environmental responsibilities, are likely

to be concerned by the environmental effects of implementing

plans and programmes, shall be the following

(a) the Environment and Resources Authority or

any successor entity responsible for the environment; and

where applicable-

(b) the Regulator for Energy and Water Services

or any successor entity or entities;

(c) the competent authority responsible for

agriculture;

(d)

the competent authority responsible for

fisheries;

(e)

the competent authority responsible for

health;

(f) any other authority which is deemed by the

responsible authority to have an input into the strategic

environmental assessment process.".

Immediately after Schedule II to the principal regulations

there shall be added the following new Schedule

"SCHEDULE III

PROTOCOL ON STRATEGIC ENVIRONMENTAL ASSESSMENT

TO THE CONVENTION ON ENVIRONMENTAL IMPACT

ASSESSMENT IN A TRANSBOUNDARY CONTEXT

The parties to this Protocol,

Recognizing the importance of integrating environmental,

including health, considerations into the preparation and adoption of

plans and programmes and, to the extent appropriate, policies and

legislation,

Committing themselves to promoting sustainable development

and therefore basing themselves on the conclusions of the United

Nations Conference on Environment and Development (Rio de

Janeiro, Brazil, 1992), in particular principles 4 and 10 of the Rio

Declaration on Environment and Development and Agenda 21, as

well as the outcome of the third Ministerial Conference on

Environment and Health (London, 1999) and the World Summit on

Sustainable Development (Johannesburg, South Africa, 2002),

Bearing in mind the Convention on Environmental Impact

Assessment in Transboundary Context, done at Espoo, Finland, on 25

February 1991, and decision II/9 of its Parties at Sofia on 26 and 27

February 2001, in which it was decided to prepare a legally binding

protocol on strategic environmental assessment,

Recognizing that strategic environmental assessment should

have an important role in the preparation and adoption of plans,

programmes, and, to the extent appropriate, policies and legislation,

and that the wider application of the principles of environmental

impact assessment to plans, programmes, policies and legislation will

further strengthen the systematic analysis of their significant

environmental effects,

Acknowledging the Convention on Access to Information,

Public Participation in Decision-making and Access to Justice in

Environmental Matters, done at Aarhus, Denmark, on 25 June 1998,

and taking note of the relevant paragraphs of the Lucca Declaration,

adopted at the first meeting of its Parties,

Conscious, therefore, of the importance of providing for public

participation in strategic environmental assessment,

Acknowledging the benefits to the health and wellbeing of

present and future generations that will follow if the need to protect

and improve people’s health is taken into account as an integral part

of strategic environmental assessment, and recognizing the work led

by the World Health Organization in this respect,

Mindful of the need for and importance of enhancing

international cooperation in assessing the transboundary

environmental, including health, effects of proposed plans and

programmes, and, to the extent appropriate, policies and legislation,

Have agreed as follows

Article 1

OBJECTIVE

The objective of this Protocol is to provide for a high level of

protection of the environment, including health, by

(a)

Ensuring that environmental, including health,

considerations are thoroughly taken into account in the

development of plans and programmes;

(b) Contributing to the consideration of environmental,

including health, concerns in the preparation of policies and

legislation;

(c)

Establishing clear, transparent and

effective

procedures for strategic environmental assessment;

(d) Providing for public participation in strategic

environmental assessment; and

(e)

Integrating by these means environmental, including

health, concerns into measures and instruments designed to

further sustainable development.

Article 2

DEFINITIONS

For the purposes of this Protocol,

1. "Convention" means the Convention on Environmental

Impact Assessment in a Transboundary Context.

2. "Party" means, unless the text indicates otherwise, a

Contracting Party to this Protocol.

3. "Party of origin" means a Party or Parties to this Protocol

within whose jurisdiction the preparation of a plan or programme is

envisaged

4. "Affected Party" means a Party or Parties to this Protocol

likely to be affected by the transboundary environmental, including

health, effects of a plan or programme.

5. "Plans and programmes" means plans and programmes and

any modifications to them that are

(a)

Required by legislative, regulatory or administrative

provisions; and

(b) Subject to preparation and/or adoption by an

authority or prepared by an authority for adoption, through a

formal procedure, by a parliament or a government.

"Strategic environmental assessment" means the

evaluation of the likely environmental, including health, effects,

which comprises the determination of the scope of an environmental

report and its preparation, the carrying out of public participation and

consultations, and the taking into account of the environmental report

and the results of the public participation and consultations in a plan

or programme.

"Environmental, including health, effect" means any effect

on the environment, including human health, flora, fauna,

biodiversity, soil, climate, air, water, landscape, natural sites, material

assets, cultural heritage and the interaction among these factors.

"The public" means one or more natural or legal persons

and, in accordance with national legislation or practice, their

associations, organizations or groups.

Article 3

GENERAL PROVISIONS

1. Each Party shall take the necessary legislative, regulatory

and other appropriate measures to implement the provisions of this

Protocol within a clear, transparent framework.

2. Each Party shall endeavour to ensure that officials and

authorities assist and provide guidance to the public in matters

covered by this Protocol.

3. Each Party shall provide for appropriate recognition of and

support to associations, organizations or groups promoting

environmental, including health, protection in the context of this

Protocol.

4. The provisions of this Protocol shall not affect the right of

a Party to maintain or introduce additional measures in relation to

issues covered by this Protocol.

5. Each Party shall promote the objectives of this Protocol in

relevant international decision-making processes and within the

framework of relevant international organizations.

6. Each Party shall ensure that persons exercising their rights

in conformity with the provisions of this Protocol shall not be

penalized, persecuted or harassed in any way for their involvement.

This provision shall not affect the powers of national courts to award

reasonable costs in judicial proceedings.

7. Within the scope of the relevant provisions of this

Protocol, the public shall be able to exercise its rights without

discrimination as to citizenship, nationality or domicile and, in the

case of a legal person, without discrimination as to where it has its

registered seat or an effective centre of its activities.

Article 4

FIELD OF APPLICATION CONCERNING PLANS

AND PROGRAMMES

1. Each Party shall ensure that a strategic environmental

assessment is carried out for plans and programmes referred to in

paragraphs 2, 3 and 4 which are likely to have significant

environmental, including health, effects.

2. A strategic environmental assessment shall be carried out

for plans and programmes which are prepared for agriculture,

forestry, fisheries, energy, industry including mining, transport,

regional development, waste management, water management,

telecommunications, tourism, town and country planning or land use,

and which set the framework for future development consent for

projects listed in Annex I and any other project listed in Annex II that

requires an environmental impact assessment under national

legislation.

3. For plans and programmes other than those subject to

paragraph 2 which set the framework for future development consent

of projects, a strategic environmental assessment shall be carried out

where a Party so determines according to article 5, paragraph 1.

4. For plans and programmes referred to in paragraph 2

which determine the use of small areas at local level and for minor

modifications to plans and programmes referred to in paragraph 2, a

strategic environmental assessment shall be carried out only where a

Party so determines according to article 5, paragraph 1.

5. The following plans and programmes are not subject to this

Protocol

(a)

Plans and programmes whose sole purpose is to

serve national defence or civil emergencies;

(b)

Financial or budget plans and programmes.

Article 5

SCREENING

1. Each Party shall determine whether plans and programmes

referred to in article 4, paragraphs 3 and 4, are likely to have

significant environmental, including health, effects either through a

case-by-case examination or by specifying types of plans and

programmes or by combining both approaches. For this purpose each

Party shall in all cases take into account the criteria set out in Annex

III.

2. Each Party shall ensure that the environmental and health

authorities referred to in article 9, paragraph 1, are consulted when

applying the procedures referred to in paragraph 1 above.

3. To the extent appropriate, each Party shall endeavour to

provide opportunities for the participation of the public concerned in

the screening of plans and programmes under this article.

4. Each Party shall ensure timely public availability of the

conclusions pursuant to paragraph 1, including the reasons for not

requiring a strategic environmental assessment, whether by public

notices or by other appropriate means, such as electronic media.

Article 6

SCOPING

1. Each Party shall establish arrangements for the

determination of the relevant information to be included in the

environmental report in accordance with article 7, paragraph 2.

2. Each Party shall ensure that the environmental and health

authorities referred to in article 9, paragraph 1, are consulted when

determining the relevant information to be included in the

environmental report.

3. To the extent appropriate, each Party shall endeavour to

provide opportunities for the participation of the public concerned

when determining the relevant information to be included in the

environmental report.

Article 7

ENVIRONMENTAL REPORT

1. For plans and programmes subject to strategic

environmental assessment, each Party shall ensure that an

environmental report is prepared.

2. The environmental report shall, in accordance with the

determination under article 6, identify, describe and evaluate the

likely significant environmental, including health, effects of

implementing the plan or programme and its reasonable alternatives.

The report shall contain such information specified in Annex IV as

may reasonably be required, taking into account

(a)

Current knowledge and methods of assessment;

(b) The contents and the level of detail of the plan or

programme and its stage in the decision-making process;

(c)

The interests of the public; and

(d)

The information needs of the decision-making body.

3. Each Party shall ensure that environmental reports are of

sufficient quality to meet the requirements of this Protocol.

Article 8

PUBLIC PARTICIPATION

1. Each Party shall ensure early, timely and effective

opportunities for public participation, when all options are open, in

the strategic environmental assessment of plans and programmes.

2. Each Party, using electronic media or other appropriate

means, shall ensure the timely public availability of the draft plan or

programme and the environmental report.

3. Each Party shall ensure that the public concerned,

including relevant non-governmental organizations, is identified for

the purposes of paragraphs 1 and 4.

4. Each Party shall ensure that the public referred to in

paragraph 3 has the opportunity to express its opinion on the draft

plan or programme and the environmental report within a reasonable

time frame.

5. Each Party shall ensure that the detailed arrangements for

informing the public and consulting the public concerned are

determined and made publicly available. For this purpose, each Party

shall take into account to the extent appropriate the elements listed in

Annex V.

Article 9

CONSULTATION WITH ENVIRONMENTAL

AND HEALTH AUTHORITIES

1. Each Party shall designate the authorities to be consulted

which, by reason of their specific environmental or health

responsibilities, are likely to be concerned by the environmental,

including health, effects of the implementation of the plan or

programme.

2. The draft plan or programme and the environmental report

shall be made available to the authorities referred to in paragraph 1.

3. Each Party shall ensure that the authorities referred to in

paragraph 1 are given, in an early, timely and effective manner, the

opportunity to express their opinion on the draft plan or programme

and the environmental report.

4. Each Party shall determine the detailed arrangements for

informing and consulting the environmental and health authorities

referred to in paragraph 1.

Article 10

TRANSBOUNDARY CONSULTATIONS

1. Where a Party of origin considers that the implementation

of a plan or programme is likely to have significant transboundary

environmental, including health, effects or where a Party likely to be

significantly affected so requests, the Party of origin shall as early as

possible before the adoption of the plan or programme notify the

affected Party.

2. This notification shall contain, inter alia

(a)

The draft plan or programme and the environmental

report including information on its possible transboundary

environmental, including health, effects; and

(b) Information

regarding

the

decision-making

procedure, including an indication of a reasonable time schedule

for the transmission of comments.

3. The affected Party shall, within the time specified in the

notification, indicate to the Party of origin whether it wishes to enter

into consultations before the adoption of the plan or programme and,

if it so indicates, the Parties concerned shall enter into consultations

concerning the likely transboundary environmental, including health,

effects of implementing the plan or programme and the measures

envisaged to prevent, reduce or mitigate adverse effects.

4. Where such consultations take place, the Parties concerned

shall agree on detailed arrangements to ensure that the public

concerned and the authorities referred to in article 9, paragraph 1, in

the affected Party are informed and given an opportunity to forward

their opinion on the draft plan or programme and the environmental

report within a reasonable time frame.

Article 11

DECISION

1. Each Party shall ensure that when a plan or programme is

adopted due account is taken of

(a)

The conclusions of the environmental report;

(b) The measures to prevent, reduce or mitigate the

adverse effects identified in the environmental report; and

(c)

The comments received in accordance with articles

8 to 10.

2. Each Party shall ensure that, when a plan or programme is

adopted, the public, the authorities referred to in article 9, paragraph

1, and the Parties consulted according to article 10 are informed, and

that the plan or programme is made available to them together with a

statement summarizing how the environmental, including health,

considerations have been integrated into it, how the comments

received in accordance with articles 8 to 10 have been taken into

account and the reasons for adopting it in the light of the reasonable

alternatives considered.

Article 12

MONITORING

1. Each Party shall monitor the significant environmental,

including health, effects of the implementation of the plans and

programmes, adopted under article 11 in order, inter alia, to identify,

at an early stage, unforeseen adverse effects and to be able to

undertake appropriate remedial action.

2. The results of the monitoring undertaken shall be made

available, in accordance with national legislation, to the authorities

referred to in article 9, paragraph 1, and to the public.

Article 13

POLICIES AND LEGISLATION

1. Each Party shall endeavour to ensure that environmental,

including health, concerns are considered and integrated to the extent

appropriate in the preparation of its proposals for policies and

legislation that are likely to have significant effects on the

environment, including health.

2. In applying paragraph 1, each Party shall consider the

appropriate principles and elements of this Protocol.

3. Each Party shall determine, where appropriate, the

practical arrangements for the

consideration and integration of

environmental, including health, concerns in accordance with

paragraph 1, taking into account the need for transparency in

decision-making.

4. Each Party shall report to the Meeting of the Parties to the

Convention serving as the Meeting of the Parties to this Protocol on

its application of this article.

Article 14

THE MEETING OF THE PARTIES TO THE CONVENTION

SERVING AS THE MEETING OF THE PARTIES

TO THE PROTOCOL

1. The Meeting of the Parties to the Convention shall serve as

the Meeting of the Parties to this Protocol. The first meeting of the

Parties to the Convention serving as the Meeting of the Parties to this

Protocol shall be convened not later than one year after the date of

entry into force of this Protocol, and in conjunction with a meeting of

the Parties to the Convention, if a meeting of the latter is scheduled

within that period. Subsequent meetings of the Parties to the

Convention serving as the Meeting of the Parties to this Protocol shall

be held in conjunction with meetings of the Parties to the Convention,

unless otherwise decided by the Meeting of the Parties to the

Convention serving as the Meeting of the Parties to this Protocol.

2. Parties to the Convention which are not Parties to this

Protocol may participate as observers in the proceedings of any

session of the Meeting of the Parties to the Convention serving as the

Meeting of the Parties to this Protocol. When the Meeting of the

Parties to the Convention serves as the Meeting of the Parties to this

Protocol, decisions under this Protocol shall be taken only by the

Parties to this Protocol.

3. When the Meeting of the Parties to the Convention serves

as the Meeting of the Parties to this Protocol, any member of the

Bureau of the Meeting of the Parties representing a Party to the

Convention that is not, at that time, a Party to this Protocol shall be

replaced by another member to be elected by and from amongst the

Parties to this Protocol.

4. The Meeting of the Parties to the Convention serving as

the Meeting of the Parties to this Protocol shall keep under regular

review the implementation of this Protocol and, for this purpose,

shall

(a)

Review policies for and methodological approaches

to strategic environmental assessment with a view to further

improving the procedures provided for under this Protocol;

(b) Exchange information regarding experience gained

in strategic environmental assessment and in the

implementation of this Protocol;

(c)

Seek, where appropriate, the services and

cooperation of competent bodies having expertise pertinent to

the achievement of the purposes of this Protocol;

(d) Establish such subsidiary bodies as it considers

necessary for the implementation of this Protocol;

(e)

Where necessary, consider and adopt proposals for

amendments to this Protocol; and

(f)

Consider and undertake any additional action,

including action to be carried out jointly under this Protocol and

the Convention, that may be required for the achievement of the

purposes of this Protocol.

5. The rules of procedure of the Meeting of the Parties to the

Convention shall be applied mutatis mutandis under this Protocol,

except as may otherwise be decided by consensus by the Meeting of

the Parties serving as the Meeting of the Parties to this Protocol.

6. At its first meeting, the Meeting of the Parties to the

Convention serving as the Meeting of the Parties to this Protocol shall

consider and adopt the modalities for applying the procedure for the

review of compliance with the Convention to this Protocol.

7. Each Party shall, at intervals to be determined by the

Meeting of the Parties to the Convention serving as the Meeting of

the Parties to this Protocol, report to the Meeting of the Parties to the

Convention serving as the Meeting of the Parties to the Protocol on

measures that it has taken to implement the Protocol.

Article 15

RELATIONSHIP TO OTHER INTERNATIONAL AGREEMENTS

The relevant provisions of this Protocol shall apply

without prejudice to the UNECE Conventions on Environmental

Impact Assessment in a Transboundary Context and on Access to

Information, Public Participation in Decision-making and Access to

Justice in Environmental Matters.

Article 16

RIGHT TO VOTE

1. Except as provided for in paragraph 2 below, each Party to

this Protocol shall have one vote.

2. Regional economic integration organizations, in matters

within their competence, shall exercise their right to vote with a

number of votes equal to the number of their member States which

are Parties to this Protocol. Such organizations shall not exercise their

right to vote if their member States exercise theirs, and vice versa.

Article 17

SECRETARIAT

The secretariat established by article 13 of the Convention

shall serve as the secretariat of this Protocol and article 13,

paragraphs (a) to (c), of the Convention on the functions of the

secretariat shall apply mutatis mutandis to this Protocol.

Article 18

ANNEXES

The annexes to this Protocol shall constitute an integral

part thereof.

Article 19

AMENDMENTS TO THE PROTOCOL

1. Any Party may propose amendments to this Protocol.

2. Subject to paragraph 3, the procedure for proposing,

adopting and the entry into force of amendments to the Convention

laid down in paragraphs 2 to 5 of article 14 of the Convention shall

apply, mutatis mutandis, to amendments to this Protocol.

3. For the purpose of this Protocol, the three fourths of the

Parties required for an amendment to enter into force for Parties

having ratified, approved or accepted it, shall be calculated on the

basis of the number of Parties at the time of the adoption of the

amendment.

Article 20

SETTLEMENT OF DISPUTES

The provisions on the settlement of disputes of article 15

of the Convention shall apply mutatis mutandis to this Protocol.

Article 21

SIGNATURE

This Protocol shall be open for signature at Kiev (Ukraine)

from 21 to 23 May 2003 and thereafter at United Nations

Headquarters in New York until 31 December 2003, by States

members of the Economic Commission for Europe as well as States

having consultative status with the Economic Commission for Europe

pursuant to paragraphs 8 and 11 of Economic and Social Council

resolution 36 (IV) of 28 March 1947, and by regional economic

integration organizations constituted by sovereign States members of

the Economic Commission for Europe to which their member States

have transferred competence over matters governed by this Protocol,

including the competence to enter into treaties in respect of these

matters.

Article 22

DEPOSITARY

The Secretary-General of the United Nations shall act as

the Depositary of this Protocol.

Article 23

RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

1. This Protocol shall be subject to ratification, acceptance or

approval by signatory States and regional economic integration

organizations referred to in article 21.

2. This Protocol shall be open for accession as from 1

January 2004 by the States and regional economic integration

organizations referred to in article 21.

3. Any other State, not referred to in paragraph 2 above, that

is a Member of the United Nations may accede to the Protocol upon

approval by the Meeting of the Parties to the Convention serving as

the Meeting of the Parties to the Protocol.

4. Any regional economic integration organization referred to

in article 21 which becomes a Party to this Protocol without any of its

member States being a Party shall be bound by all the obligations

under this Protocol. If one or more of such an organization’s member

States is a Party to this Protocol, the organization and its member

States shall decide on their respective responsibilities for the

performance of their obligations under this Protocol. In such cases,

the organization and its member States shall not be entitled to

exercise rights under this Protocol concurrently.

5. In their instruments of ratification, acceptance, approval or

accession, the regional economic integration organizations referred to

in article 21 shall declare the extent of their competence with respect

to the matters governed by this Protocol. These organizations shall

also inform the Depositary of any relevant modification to the extent

of their competence.

Article 24

ENTRY INTO FORCE

1. This Protocol shall enter into force on the ninetieth day

after the date of deposit of the sixteenth instrument of ratification,

acceptance, approval or accession.

2. For the purposes of paragraph 1 above, any instrument

deposited by a regional economic integration organization referred to

in article 21 shall not be counted as additional to those deposited by

States members of such an organization.

3. For each State or regional economic integration

organization referred to in article 21 which ratifies, accepts or

approves this Protocol or accedes thereto after the deposit of the

sixteenth instrument of ratification, acceptance, approval or

accession, the Protocol shall enter into force on the ninetieth day after

the date of deposit by such State or organization of its instrument of

ratification, acceptance, approval or accession.

4. This Protocol shall apply to plans, programmes, policies

and legislation for which the first formal preparatory act is

subsequent to the date on which this Protocol enters into force. Where

the Party under whose jurisdiction the preparation of a plan,

programme, policy or legislation is envisaged is one for which

paragraph 3 applies, this Protocol shall apply to plans, programmes,

policies and legislation for which the first formal preparatory act is

subsequent to the date on which this Protocol comes into force for

that Party.

Article 25

WITHDRAWAL

At any time after four years from the date on which this

Protocol has come into force with respect to a Party, that Party may

withdraw from the Protocol by giving written notification to the

Depositary. Any such withdrawal shall take effect on the ninetieth

day after the date of its receipt by the Depositary. Any such

withdrawal shall not affect the application of articles 5 to 9, 11 and 13

with respect to a strategic environmental assessment under this

Protocol which has already been started, or the application of article

10 with respect to a notification or request which has already been

made, before such withdrawal takes effect.

Article 26

AUTHENTIC TEXTS

The original of this Protocol, of which the English, French

and Russian texts are equally authentic, shall be deposited with the

Secretary-General of the United Nations.

IN WITNESS WHEREOF the undersigned, being duly

authorized thereto, have signed this Protocol.

DONE at Kiev (Ukraine), this twenty-first day of May, two

thousand and three.

ANNEXES

ANNEX I

List of projects as referred to in article 4, paragraph 2

1. Crude

oil

refineries

(excluding

undertakings

manufacturing only lubricants from crude oil) and installations for the

gasification and liquefaction of 500 metric tons or more of coal or

bituminous shale per day.

2. Thermal power stations and other combustion installations

with a heat output of 300 megawatts or more and nuclear power

stations and other nuclear reactors (except research installations for

the production and conversion of fissionable and fertile materials,

whose maximum power does not exceed 1 kilowatt continuous

thermal load).

3. Installations solely designed for the production or

enrichment of nuclear fuels, for the reprocessing of irradiated nuclear

fuels or for the storage, disposal and processing of radioactive waste.

4. Major installations for the initial smelting of cast-iron and

steel and for the production of non-ferrous metals.

5. Installations for the extraction of asbestos and for the

processing and transformation of asbestos and products containing

asbestos: for asbestos-cement products, with an annual production of

more than 20,000 metric tons of finished product; for friction

material, with an annual production of more than 50 metric tons of

finished product; and for other asbestos utilization of more than 200

metric tons per year.

6. Integrated chemical installations.

7. Construction of motorways, express roads * and lines for

long-distance railway traffic and of airports ** with a basic runway

length of 2,100 metres or more.

8. Large-diameter oil and gas pipelines.

Trading ports and also inland waterways and ports for

inland-waterway traffic which permit the passage of vessels of over

1,350 metric tons.

Waste-disposal installations for the incineration, chemical

treatment or landfill of toxic and dangerous wastes.

Large dams and reservoirs.

Groundwater abstraction activities in cases where the

annual volume of water to be abstracted amounts to 10 million cubic

metres or more.

Pulp and paper manufacturing of 200 air-dried metric tons

or more per day.

Major mining, on-site extraction and processing of metal

ores or coal.

Offshore hydrocarbon production.

Major storage facilities for petroleum, petrochemical and

* For the purposes of this Protocol

- "Motorway" means a road specially designed and built for motor

traffic, which does not serve properties bordering on it, and which

(a)

Is provided, except at special points or temporarily,

with separate carriageways for the two directions of traffic, separated

from each other by a dividing strip not intended for traffic or,

exceptionally, by other means;

(b)

Does not cross at level with any road, railway or

tramway track, or footpath; and

(c)

Is specially sign posted as a motorway.

- "Express road" means a road reserved for motor traffic accessible

only from interchanges or controlled junctions and on which, in particular,

stopping and parking are prohibited on the running carriageway(s).

** For the purposes of this Protocol, “airport” means an airport which complies

with the definition in the 1944 Chicago Convention setting up the International

Civil Aviation Organization (Annex 14).

chemical products.

Deforestation of large areas.

ANNEX II

Any other projects referred to in article 4, paragraph 2

1. Projects for the restructuring of rural land holdings.

2. Projects for the use of uncultivated land or semi-natural

areas for intensive agricultural purposes.

3. Water management projects for agriculture, including

irrigation and land drainage projects.

4. Intensive livestock installations (including poultry).

5. Initial afforestation and deforestation for the purposes of

conversion to another type of land use.

6. Intensive fish farming.

7. Nuclear power stations and other nuclear reactors *

including the dismantling or decommissioning of such power stations

or reactors (except research installations for the production and

conversion of fissionable and fertile materials whose maximum

power does not exceed 1 kilowatt continuous thermal load), as far as

not included in Annex I.

8. Construction of overhead electrical power lines with a

voltage of 220 kilovolts or more and a length of 15 kilometres or

more and other projects for the transmission of electrical energy by

overhead cables.

9. Industrial installations for the production of electricity,

steam and hot water.

10. Industrial installations for carrying gas, steam and hot

water.

11. Surface storage of fossil fuels and natural gas.

12. Underground storage of combustible gases.

* For the purposes of this Protocol, nuclear power stations and other nuclear

reactors cease to be such an installation when all nuclear fuel and other radio-

actively contaminated elements have been removed permanently from the

installation site

13. Industrial briquetting of coal and lignite.

14. Installations for hydroelectric energy production.

15. Installations for the harnessing of wind power for energy

production (wind farms).

16. Installations, as far as not included in Annex I, designed

-

For the production or enrichment of nuclear fuel;

-

For the processing of irradiated nuclear fuel;

-

For the final disposal of irradiated nuclear fuel;

-

Solely for the final disposal of radioactive waste;

-

Solely for the storage (planned for more than 10

years) of irradiated nuclear fuels in a different site than the

production site; or

-

For the processing and storage of radioactive waste.

17. Quarries, open cast mining and peat extraction, as far as

not included in Annex I.

Underground mining, as far as not included in Annex I.

Extraction of minerals by marine or fluvial dredging.

Deep drillings (in particular geothermal drilling, drilling

for the storage of nuclear waste material, drilling for water supplies),

with the exception of drillings for investigating the stability of the

soil.

Surface industrial installations for the extraction of coal,

petroleum, natural gas and ores, as well as bituminous shale.

Integrated works for the initial smelting of cast iron and

steel, as far as not included in Annex I.

Installations for the production of pig iron or steel (primary

or secondary fusion) including continuous casting.

Installations for the processing of ferrous metals (hot-

rolling mills, smitheries with hammers, application of protective

fused metal coats).

Ferrous metal foundries.

Installations for the production of non-ferrous crude metals

from ore, concentrates or secondary raw materials by metallurgical,

chemical or electrolytic processes, as far as not included in Annex I.

Installations for the smelting, including the alloyage, of

non-ferrous metals excluding precious metals, including recovered

products (refining, foundry casting, etc.), as far as not included in

Annex I.

Installations for surface treatment of metals and plastic

materials using an electrolytic or chemical process.

Manufacture and assembly of motor vehicles and

manufacture of motor-vehicle engines.

30. Shipyards.

Installations for the construction and repair of aircraft.

Manufacture of railway equipment.

Swaging by explosives.

Installations for the roasting and sintering of metallic ores.

Coke ovens (dry coal distillation).

Installations for the manufacture of cement.

Installations for the manufacture of glass including glass

fibre.

Installations for smelting mineral substances including the

production of mineral fibres.

Manufacture of ceramic products by burning, in particular

roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain.

Installations for the production of chemicals or treatment

of intermediate products, as far as not included in Annex I.

Production of pesticides and pharmaceutical products,

paint and varnishes, elastomers and peroxides.

Installations for the storage of petroleum, petrochemical,

or chemical products, as far as not included in Annex I.

Manufacture of vegetable and animal oils and fats.

Packing and canning of animal and vegetable products.

Manufacture of dairy products.

Brewing and malting.

Confectionery and syrup manufacture.

Installations for the slaughter of animals.

Industrial starch manufacturing installations.

Fish-meal and fish-oil factories.

Sugar factories.

Industrial plants for the production of pulp, paper and

board, as far as not included in Annex I.

Plants for the pre-treatment or dyeing of fibres or textiles.

Plants for the tanning of hides and skins.

Cellulose-processing and production installations.

Manufacture and treatment of elastomer-based products.

Installations for the manufacture of artificial mineral

fibres.

Installations for the recovery or destruction of explosive

substances.

Installations for the production of asbestos and the

manufacture of asbestos products, as far as not included in Annex I.

Knackers’ yards.

Test benches for engines, turbines or reactors.

Permanent racing and test tracks for motorized vehicles.

Pipelines for transport of gas or oil, as far as not included

in Annex I.

Pipelines for transport of chemicals with a diameter of

more than 800 mm and a length of more than 40 km.

Construction of railways and intermodal transhipment

facilities, and of intermodal terminals, as far as not included in Annex

Construction of tramways, elevated and underground

railways, suspended lines or similar lines of a particular type used

exclusively or mainly for passenger transport.

Construction of roads, including realignment and/or

widening of any existing road, as far as not included in Annex I.

Construction of harbours and port installations, including

fishing harbours, as far as not included in Annex I.

Construction of inland waterways and ports for inland-

waterway traffic, as far as not included in Annex I.

Trading ports, piers for loading and unloading connected to

land and outside ports, as far as not included in Annex I.

Canalization and flood-relief works.

Construction of airports * and airfields, as far as not

included in Annex I.

Waste-disposal installations (including landfill), as far as

not included in Annex I.

Installations for the incineration or chemical treatment of

non-hazardous waste.

Storage of scrap iron, including scrap vehicles.

Sludge deposition sites.

Groundwater abstraction or

artificial

groundwater

recharge, as far as not included in Annex I.

Works for the transfer of water resources between river

basins.

Waste-water treatment plants.

Dams and other installations designed for the holding-back

or for the long-term or permanent storage of water, as far as not

included in Annex I.

* For the purposes of this Protocol, "airport" means an airport which complies

with the definition in the 1944 Chicago Convention setting up the Interna-

tional Civil Aviation Organization (Annex 14).

Coastal work to combat erosion and maritime works

capable of altering the coast through the construction, for example, of

dykes, moles, jetties and other sea defence works, excluding the

maintenance and reconstruction of such works.

Installations of long-distance aqueducts.

Ski runs, ski lifts and cable cars and associated

developments.

84. Marinas.

Holiday villages and hotel complexes outside urban areas

and associated developments.

Permanent camp sites and caravan sites.

Theme parks.

Industrial estate development projects.

Urban development projects, including the construction of

shopping centres and car parks.

Reclamation of land from the sea.

ANNEX III

Criteria for determining of the likely significant environmental,

including health, effects referred to in article 5, paragraph 1

1. The relevance of the plan or programme to the integration

of environmental, including health, considerations in particular with a

view to promoting sustainable development.

2. The degree to which the plan or programme sets a

framework for projects and other activities, either with regard to

location, nature, size and operating conditions or by allocating

resources.

3. The degree to which the plan or programme influences

other plans and programmes including those in a hierarchy.

4. Environmental, including health, problems relevant to the

plan or programme.

5. The nature of the environmental, including health, effects

such as probability, duration, frequency, reversibility, magnitude and

extent (such as geographical area or size of population likely to be

affected).

6. The risks to the environment, including health.

7. The transboundary nature of effects.

8. The degree to which the plan or programme will affect

valuable or vulnerable areas including landscapes with a recognized

national or international protection status.

ANNEX IV

Information referred to in article 7, paragraph 2

1. The contents and the main objectives of the plan or

programme and its link with other plans or programmes.

2. The relevant aspects of the current state of the

environment, including health, and the likely evolution thereof should

the plan or programme not be implemented.

3. The characteristics of the environment, including health, in

areas likely to be significantly affected.

4. The environmental, including health, problems which are

relevant to the plan or programme.

5. The environmental, including health, objectives

established at international, national and other levels which are

relevant to the plan or programme, and the ways in which these

objectives and other environmental, including health, considerations

have been taken into account during its preparation.

6. The likely significant environmental, including health,

effects * as defined in article 2, paragraph 7.

7. Measures to prevent, reduce or mitigate any significant

adverse effects on the environment, including health, which may

result from the implementation of the plan or programme.

8. An outline of the reasons for selecting the alternatives

dealt with and a description of how the assessment was undertaken

including difficulties encountered in providing the information to be

* These effects should include secondary, cumulative, synergistic, short-,

medium- and long-term, permanent and temporary, positive and negative

effects.

included such as technical deficiencies or lack of knowledge.

9. Measures envisaged for monitoring environmental,

including health, effects of the implementation of the plan or

programme.

10. The likely significant transboundary environmental,

including health, effects.

11. A non-technical summary of the information provided.

ANNEX V

Information referred to in article 8, paragraph 5

1. The proposed plan or programme and its nature.

2. The authority responsible for its adoption.

3. The envisaged procedure, including

(a)

The commencement of the procedure;

(b)

The opportunities for the public to participate;

(c)

The time and venue of any envisaged public

hearing;

(d) The authority from which relevant information can

be obtained and where the relevant information has been

deposited for examination by the public;

(e)

The authority to which comments or questions can

be submitted and the time schedule for the transmittal of

comments or questions; and

(f)

What environmental, including health, information

relevant to the proposed plan or programme is available.

4. Whether the plan or programme is likely to be subject to a

transboundary assessment procedure.

€1.26