STRATEGIC ENVIRONMENTAL ASSESSMENT REGULATIONS

SUBSIDIARY LEGISLATION 549.61

STRATEGIC ENVIRONMENTAL ASSESSMENT

REGULATIONS

11th December, 2010 *

LEGAL NOTICE 497 of 2010, as amended by Act XXV of 2015 and

Legal Notice 82 of 2019.

Part I

Preliminary

The title of these regulations

is

the

Strategic

Environmental Assessment Regulations.

Information referred to in regulation 6(1)

The information to be provided under regulation 6(1), subject to regulation 6(2)

and (3), is the following

(a) an outline of the contents, main objectives of the plan or programme

and relationship with other relevant plans and programmes;

(b) the relevant aspects of the current state of the environment and the

likely evolution thereof without implementation of the plan or

programme;

(c) the environmental characteristics of areas likely to be significantly

affected;

(d) any existing environmental problems which are relevant to the plan or

programme including, in particular, those relating to any areas of a

particular environmental importance, such as areas designated pursuant

to Directives 79/409/EEC and 92/43/EEC;

(e) the environmental protection objectives, established at international,

European or national level, which are relevant to the plan or programme

and the way those objectives and any environmental considerations

have been taken into account during its preparation;

(f)

the likely significant effects on the environment, including on issues

such as biodiversity, population, human health, fauna, flora, soil, water,

air, climatic factors, material assets, cultural heritage including

architectural and archaeological heritage, landscape and the inter-

relationship between the above factors. These effects should include

secondary, cumulative, synergistic, short, medium and long-term

permanent and temporary, positive and negative effects;

(g) the measures envisaged to prevent, reduce and as fully as possible offset

any significant adverse effects on the environment of implementing the

plan or programme;

(h) an outline of the reasons for selecting the alternatives dealt with, and a

description of how the assessment was undertaken including any

difficulties, such as technical deficiencies or lack of know-how,

encountered in compiling the required information;

(i)

a description of the measures envisaged concerning monitoring in

accordance with regulation 11;

(j)

a non-technical summary of the information provided under the above

headings.

(1) The objective of these regulations is to provide for a

high level of protection of the environment and to contribute to the

integration of environmental considerations into the preparation

and adoption of plans and programmes with a view to promoting

sustainable development, by ensuring that, in accordance with

these regulations, a strategic environmental assessment is carried

out of certain plans and programmes which are likely to have

significant effects on the environment.

(2) These regulations transpose the provisions of Directive

2001/42/EC of the European Parliament and of the Council on the

assessment of the effects of certain plans and programmes on the

environment.

(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.

Criteria for determining the likely significance of effects

referred to in regulation 4(5)

1. The characteristics of plans and programmes, having regard, in particular,

(a) the degree to which the plan or programme sets a framework for

projects and other activities, either with regard to the location, nature,

size and operating conditions or by allocating resources,

(b) the degree to which the plan or programme influences other plans and

programmes including those in a hierarchy,

(c) the relevance of the plan or programme for the integration of

environmental considerations in particular with a view to promoting

sustainable development,

(d) environmental problems relevant to the plan or programme,

(e) the relevance of the plan or programme for the implementation of

Community legislation on the environment, such as plans and

programmes linked to waste-management or water protection.

2. Characteristics of the effects and of the area likely to be affected, having

regard, in particular, to

(a) the probability, duration, frequency and reversibility of the effects,

(b) the cumulative nature of the effects,

(c) the transboundary nature of the effects,

(d) the risks to human health or the environment (e.g. due to accidents),

(e) the magnitude and spatial extent of the effects (geographical area and

size of the population likely to be affected),

(f)

the value and vulnerability of the area likely to be affected due to

(i) special natural characteristics or cultural heritage,

(ii) exceeded environmental quality standards or limit values,

(iii) intensive land-use,

(g) the effects on areas or landscapes which have a recognised national,

Community or international protection status.

STRATEGIC ENVIRONMENTAL ASSESSMENT

(1)

In these regulations, unless the context otherwise

requires -

"the Act" means the Environment Protection Act;

"competent authority" means the Strategic Environmental

Assessment Focal Point, hereinafter referred to as the "SEA Focal

Point" established under regulation 15;

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;

"environmental report" means the part of the plan or programme

documentation containing the information required in regulation 6

*see sub-regulation (2) of regulation 1 as originally promulgated, and Legal Notice

519 of 2010.

and in Schedule I;

"make available to the public" means publishing in the Gazette

or in at least one daily newspaper in the English language and in

the Maltese language, a notice indicating where the document may

be viewed or acquired; the price of the said document shall not

exceed the cost of its printing and distribution;

"plans and programmes" means plans and programmes, including

those co-financed by the European Community, as well as any

modifications to them

(a) which are subject to preparation and, or adoption by an

authority at national, regional or local level or which

are prepared by an authority for adoption, through a

legislative procedure by Parliament or Government,

and

(b) which are required by legislative, regulatory or

administrative provisions;

"the public" shall mean one or more natural or legal persons and,

in accordance with national legislation or practice, their

associations, organisations or groups;

"responsible authority", in relation to a plan or programme,

means the authority by which, or on whose behalf, any plan or

programme is prepared. A responsible authority shall only cease to

be lawfully responsible for its plan or programme at such time as a

new responsible authority accepts formal responsibility in writing.

Where more than one responsible authority is responsible for a

plan or programme, or parts of it, the responsible authority shall be

(a) the authority nominated by agreement between the

responsible authorities responsible for that plan or

programme; or

(b) determined by the SEA Focal Point, if there is no such

agreement;

"strategic environmental assessment" means the preparation of

an environmental report, the carrying out of consultations, the

taking into account of the environmental report and the results of

the consultations in decision making and the provision of

information on the decision in accordance with regulations 5 to 10.

(2) All other terms shall have the same meaning as assigned to

them in the Act.

Part II

General Conditions

Added by

L.N. 82 of 2019.

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

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

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

modifications to them that are

(a)

Required by legislative, regulatory or administrative provisions;

(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.

6. "Strategic environmental assessment" means the evaluation of the likely

STRATEGIC ENVIRONMENTAL ASSESSMENT

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.

7. "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.

8. "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.

STRATEGIC ENVIRONMENTAL ASSESSMENT

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

STRATEGIC ENVIRONMENTAL ASSESSMENT

(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

STRATEGIC ENVIRONMENTAL ASSESSMENT

(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

STRATEGIC ENVIRONMENTAL ASSESSMENT

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

(1) An strategic environmental assessment, in accordance

with regulations 5 to 10, shall be carried out by the responsible

authority for plans and programmes referred to in sub-regulations

(2) to (4) which are likely to have significant environmental

effects.

(2) Subject to the provisions of sub-regulation (3), a strategic

environmental assessment shall be carried out for all plans and

programmes which -

(a) are prepared for agriculture, forestry, fisheries, energy,

industry, transport, waste management, water

management, telecommunications, tourism, town and

country planning or land use and which set the

framework for future development consent of projects

listed in Annexes I and II to Directive 85/337/EEC, or

(b) in view of the likely effect on sites, have been

determined to require an assessment pursuant to

Article 6 or 7 of Directive 92/43/EEC.

(3) Plans and programmes referred to in sub-regulation (2),

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

mo dificat ion s to p lans and programm es referred t o in su b-

regulation (2), shall require a strategic environmental assessment

only where the responsible authority determines that they are likely

to have significant environmental effects.

(4) In addition, the responsible authority shall determine

whether its plans and programmes, other than those referred to in

sub-regulation (2), which set the framework for future development

consent of projects, are likely to have significant environmental

effects.

(5) The responsible authority shall determine whether plans or

programmes referred to in sub-regulations (3) and (4) are likely to

have significant environmental effects either through case by case

examination or by specifying types of plans and programmes or by

combining both approaches. For this purpose the responsible

authority shall in all cases take into account relevant criteria set out

in Schedule II, in order to ensure that plans and programmes with

likely significant effects on the environment are covered by these

regulations.

(6) In the case by case examination and in specifying types of

plans and programmes in accordance with sub-regulation (5), the

authorities referred to in regulation 7(3) shall be consulted.

(7) The responsible authority shall ensure that its conclusions

pursuant to sub-regulation (5), including the reasons for not

requiring a strategic environmental assessment pursuant to

regulations 5 to 10, are made available to the public, the designated

authorities referred to in regulation 7(3) and the competent

authority.

(8)

(a) Without prejudice to any of these regulations, the

competent authority may at any time request a

responsible authority at national or local level to

submit a plan or programme description statement

which provides sufficient detail for it to be able to

identify the likely effects on the environment, such that

it may determine whether a strategic environmental

assessment is required.

(b) The competent authority shall, after submission of the

plan or programme description statement by the

authority at national or local level, indicate whether

the plan or programme

requires

a

strategic

environmental assessment.

(c) The decision of the competent authority shall be final.

(9) The following plans and programmes are not subject to

these regulations

(a) plans and programmes the sole purpose of which is to

serve national defence or civil emergency,

(b) financial or budget plans and programmes,

(c) plans and programmes co-financed under the current

respective programming periods for Council

Regulations (EC) No 1260/99 and No 1257/99.

(1) The strategic environmental assessment referred to in

regulation 4 shall be carried out during the preparation of a plan or

programme and before its adoption or submission to the legislative

procedure.

(2) Where plans and programmes form part of a hierarchy, the

responsible authority shall, with a view to avoiding duplication of

the assessment, take into account the fact that the assessment will

be carried out, in accordance with these regulations, at different

levels of the hierarchy. For the purpose of, among other things,

avoiding duplication of assessment, the responsible authority shall

apply regulation 6(2) and (3).

(1) Where a strategic environmental assessment is required

under regulation 4(1), an environmental report shall be prepared in

w h i ch t h e l i k e l y s i g n i f i c a n t eff e c t s o n t h e e n v i r o n m e n t o f

implementing the plan or programme, and reasonable alternatives,

taking into account the objectives and the geographical scope of the

plan or programme, are identified, described and evaluated. The

information to be given for this purpose is referred to in Schedule I.

(2) The environmental report prepared pursuant to sub-

regulation (1) shall include the information that may reasonably be

required taking into account current knowledge and methods of

a s se s s m e n t , t h e c o n t en t s an d l e v e l o f d e t a i l i n t h e p l an o r

programme, its stage in the decision-making process and the extent

to which certain matters are more appropriately assessed at

different levels in that process in order to avoid duplication of the

assessment.

(3) Relevant information available on environmental effects of

the plans and programmes and obtained at other levels of decision

making or through other legislation may be used for providing the

information referred to in Schedule I.

(4) The authorities referred to in regulation 7(3) as well as the

competent authority shall be consulted when deciding on the scope

and level of detail of the information which is to be included in the

environmental report.

(1) The draft plan or programme and the environmental

report prepared in accordance with regulation 6 shall be made

available, by the responsible authority, to the authorities referred to

in sub-regulation (3), the competent authority and the public.

(2) The responsible authority shall ensure that the authorities

referred to in sub-regulation (3) and the public referred to in sub-

regulation (4) shall be given an early and effective opportunity

within an adequate time-frame, to express their opinion on the draft

plan or programme and the accompanying environmental report

before the adoption of the plan or programme or its submission to

the legislative procedure. Such time-frames shall not exceed

sixteen weeks from the publication of the plan or programme and

its environmental report.

(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.

(4) The responsible authority shall make the plan or

programme and its environmental report available to the public

electronically and in published form for viewing at its offices for

the purposes of sub-regulation (2).

(5) In order to reach out to the public affected or likely to be

affected by, or having an interest in, the decision making subject to

these regulations, including relevant non-governmental

organisations, such as those promoting environmental protection

and other organisations concerned, the notice of availability of the

plan or programme and the environmental report shall be published

in at least the Gazette together with specific details of where the

documentation is available and how comments can be submitted

and by which date.

(1) Where the responsible authority considers that the

implementation of a plan or programme being prepared in relation

t o i t s t e r r i t o r y i s l i k e l y t o h a v e s i g n i f i c a n t e ff e c t s o n t h e

environment in another Member State, or where a Member State

likely to be significantly affected so requests, the Member State in

whose territory the plan or programme is being prepared shall,

before its adoption or submission to the legislative procedure,

forward a copy of the draft plan or programme and the relevant

environmental report to the other Member State at the earliest stage

possible.

(2)

Where a Member State is sent a copy of a draft plan or

programme and an environmental report under sub-regulation (1),

it shall indicate to the other Member State whether it wishes to

e nt e r i n to c on s u lt a t io n s b e f o re t he a do pt i on o f t h e pl a n o r

programme or its submission to the legislative procedure and, if it

so i ndicates, the Member States concerned shall en ter into

consultations concerning the likely transboundary environmental

effects of implementing the plan or programme and the measures

envisaged to reduce or eliminate such effects

Provided that where such consultations take place, the

Member States concerned shall agree on detailed arrangements to

ensure that the authorities referred to in regulation 7(3) and the

relevant public in the Member State likely to be significantly

affected are informed and given an opportunity to forward their

opinion within a reasonable time.

(3) Where Member States are required under this regulation to

enter into consultations, they shall agree, at the beginning of such

consultations, on a reasonable time for the duration of

consultations.

(4) In the case where a Member State consults Malta on

potential transboundary effects, the provisions of sub-regulations

(1), (2) and (3) shall apply mutatis mutandis.

The environmental report prepared pursuant to regulation

6, the opinions expressed pursuant to regulation 7 and the results of

any transboundary consultations entered into pursuant to regulation

8 shall be taken into account during the preparation of the plan or

programme and before its adoption or submission to the legislative

procedure.

(1) The responsible authority shall ensure that, when a

plan or programme is adopted, the authorities referred to in

regulation 7(3), the competent authority, the public and any

Member State consulted under regulation 8 are informed and the

following items are made available to those so informed

(a) the plan or programme as adopted;

(b) a statement summarising how environmental

considerations have been integrated into the plan or

programme and how the environmental report prepared

pursuant to regulation 6, the opinions expressed

pursuant to regulation 7 and the results of

consultations entered into pursuant to regulation 8

have been taken into account in accordance with

regulation 9 and the reasons for choosing the plan or

programme as adopted, in the light of the other

reasonable alternatives dealt with; and

(c) the measures that have been decided concerning

monitoring in accordance with regulation 11.

(2) The provisions of regulation 7(4) and (5) shall apply for the

publication of the local information relating to sub-regulation (1)

whilst the publication of the information of other Member States

shall be effected through the respective Member State itself.

(3) Responsible authorities shall ensure that all outcomes of

these regulations are reported to the competent authority

immediately as the process evolves.

(1) The responsible authority shall monitor the significant

e n v i r o n m e n t a l e ff e c t s o f t h e i m p l e m e n t a t i o n o f p l a n s a n d

programmes in order, among other things, to identify at an early

stage unforeseen adverse effects, and to be able to undertake

appropriate remedial action.

(2) In order to comply with sub-regulation (1), existing

monitoring arrangements may be used, if appropriate, with a view

to avoiding duplication of monitoring.

(3) The competent authority shall be kept informed on each

outcome of the monitoring carried out.

(1) A strategic environmental assessment carried out

under these regulations shall be without prejudice to any

requirements under Directive 85/337/EEC and to any other

legislative requirements.

(2) For plans and programmes for which the obligation to carry

o u t a s s e s s m e n t s o f t h e e ff e c t s o n t h e e n v i r o n m e n t a r i s e s

simultaneously from these regulations and other legislation, the

responsib le auth ori ty m ay p rovi de fo r co ordi nated o r j oint

procedures fulfilling the requirements of the relevant legislation in

order, among others, to avoid duplication of assessment.

(3) For plans and programmes co-financed by the European

Community, the strategic environmental assessment in accordance

with these regulations shall be carried out in conformity with the

specific provisions in relevant local and Community legislation.

(1) The competent authority and the Commission shall

exchange information on the experience gained in applying these

regulations.

(2) The responsible authority shall ensure that environmental

reports are of a sufficient quality to meet the requirements of these

regulations and the spirit of Directive 2001/42/EC.

(3) The competent authority shall communicate to the

Commission any measures taken concerning the quality of these

reports.

The obligation referred to in regulation 5(1) shall apply to

the plans and programmes of which the first formal preparatory act

was subsequent to the 21st July, 2004. Plans and programmes of

which the first formal preparatory act was before this date and

which are adopted or submitted to the legislative procedure more

than twenty-four months thereafter, shall be made subject to the

obligation referred to in regulation 5(1) unless the responsible

authority decides on a case by case basis that this is not feasible

and informs the public of its decision.

Part III

Establishment of the Competent Authority

(1) There shall be created the SEA Focal Point which shall

be tasked with overseeing the implementation of these regulations.

(2) The SEA Focal Point shall be composed of a Chairperson

and two other members.

(3) The Chairperson and the members of the SEA Focal Point

shall be appointed by the Prime Minister from among persons who

in the opinion of the Prime Minister are persons of known integrity

and who appear to him to have knowledge and experience in

matters relating to the strategic environment assessment of plans

and programmes.

(4) The Chairperson and the members of the SEA Focal Point

shall hold office for a period of three years and shall be eligible for

re-appointment.

(5) The Chairperson and members of the SEA Focal Point may

only be removed from office by the Prime Minister on the grounds

of gross negligence, incompetence or acts, omissions or conduct

unbecoming a member of the Board.

(1) The competent authority shall have the following

duties and powers

(a) to create awareness on the scope and necessity of

strategic environmental assessments;

(b) to be informed by the responsible authority, or

responsible authorities if applicable, that a strategic

environmental assessment is being conducted on a

particular plan or programme;

(c) to be informed by the responsible authority, or

responsible authorities if applicable, on why a

strategic environmental assessment has not been

undertaken on a plan or programme;

(d) to implement fully the provisions of regulation 4(8);

(e) to ensure to the best of its ability that the responsible

authority, or responsible authorities if applicable, have

followed the provisions of these regulations and to

document the process adopted inclusive of any

supporting documentation and consultation material;

(f)

to act as a repository of all material related to a

strategic environmental assessment for a plan or

programme;

(g) to demand any information it deems is related to any

strategic environmental assessment from any entity

inclusive of information that results from a decision

for a strategic environmental assessment to be

undertaken or otherwise;

(h) to provide guidance to responsible authorities;

(i)

to represent Malta in any local and international fora

on strategic environmental assessments;

(j)

to act as the Focal Point for other Member States who

wish to consult Malta in cases of transboundary

effects;

(k) to promote the use of a strategic environmental

assessments in Malta;

(l)

to audit the quality of a strategic environmental

assessments to provide third party input into securing

the true quality of the strategic environmental

assessment process.

(2) Nothing contained in these regulations shall be construed as

implying that the competent authority shall be responsible for the

carrying out of any strategic environmental assessment. Any

strategic environmental assessment as shall be required to be

carried out in terms of these regulations shall fall under the

responsible authority.

Part IV

Transitory Provisions

(1) To the extent that such responsibility is provided in

terms of these regulations, the competent authority shall assume all

responsibility assigned to the SEA Audit Team under the Strategic

Environmental Assessment Regulations, 2005 * , and shall enjoy all the

rights and benefits previously enjoyed by SEA Audit Team with

effect from the entry into force of these regulations.

(2) All documents and resources that were the property of the

SEA Audit Team shall become the property of the competent

authority, without the necessity for the conclusion of any legal

procedures.

*revoked by these Regulations.

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

6. Integrated chemical installations.

Construction of motorways, express roads * and lines for long-distance

7. railway traffic and of airports † with a basic runway length of 2,100 metres or more.

8. Large-diameter oil and gas pipelines.

9. Trading ports and also inland waterways and ports for inland-waterway

traffic which permit the passage of vessels of over 1,350 metric tons.

10. Waste-disposal installations for the incineration, chemical treatment or

landfill of toxic and dangerous wastes.

* 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).

11. Large dams and reservoirs.

12. Groundwater abstraction activities in cases where the annual volume of

water to be abstracted amounts to 10 million cubic metres or more.

13. Pulp and paper manufacturing of 200 air-dried metric tons or more per day.

14. Major mining, on-site extraction and processing of metal ores or coal.

15. Offshore hydrocarbon production.

16. Major storage facilities for petroleum, petrochemical and chemical

17. 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.

Nuclear power stations and other nuclear reactors * including the

7. 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

10. Industrial installations for carrying gas, steam and hot water.

*For the purposes of this Protocol, nuclear power stations and other nuclear reactors cease to be such an instal-

lation when all nuclear fuel and other radioactively contaminated elements have been removed permanently

from the installation site

11. Surface storage of fossil fuels and natural gas.

12. Underground storage of combustible gases.

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.

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

19. Extraction of minerals by marine or fluvial dredging.

20. 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.

21. 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 I.

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.

72.

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.

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.

*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).

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.

The likely significant environmental, including health, effects * as defined

6. 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 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,

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.

*These effects should include secondary, cumulative, synergistic, short-, medium- and long-term, permanent

and temporary, positive and negative effects.