Monitoring, report, and review of EIAs

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From the report of the BBNJ Preparatory Committee, 31/07/17 :

Based on and consistent with articles 204 to 206 of the Convention, the text would set out the obligation to ensure that the impacts of authorized activities in areas beyond national jurisdiction are monitored, reported and reviewed.

The text would address the question of information to adjacent coastal States.

From the President's aid to discussions, 25/06/18:

The manner in which the instrument would set out the obligation to ensure that the impacts of authorized activities in areas beyond national jurisdiction are monitored, reported and reviewed. Issues to consider may include:

(a) To what degree would the monitoring, reporting and review process be conducted by States or be “internationalized”? If the process were to be “internationalized”:

(i) Who would have the obligation to monitor, report and review?

(ii) To whom would reports be submitted?

(b) What information would be provided to adjacent coastal States and how and when would that information be communicated?

Suggestion 1: Obligation on States to monitor[edit | edit source]

States endeavour to monitor the ongoing, potential and cumulative environmental impacts of activities and programmes and plans and report on these, through a mechanism set up under the agreement. Reports shall be made available to the public. See: Reporting Requirements, section 6.3.1 page 36.

References: UNCLOS Art 204 (monitoring risks/effects of pollution), UNCLOS Art 205 (publication of reports) Kiev Protocol Art 12 (monitoring and reporting), Madrid Protocol Art 3(2)( c)(ii) (environmental principles)

Suggestion 2: Obligation on proponents of activities to monitor[edit | edit source]

States require proponents of activities to monitor the ongoing, potential and cumulative environmental impacts of activities and report on these to States Parties, who will in turn report through a mechanism set up under the agreement. Reports shall be made available to the public.

References: UNCLOS Art 204 (monitoring risks/effects of pollution), UNCLOS Art 205 (publication of reports) Kiev Protocol Art 12 (monitoring and reporting), Madrid Protocol Art 3(2)( c)(ii) (environmental principles)

Suggestion 3: Subregional regional or international organization conducts the monitoring[edit | edit source]

The competent subregional, regional or international organization shall ensure monitoring of the ongoing, potential and cumulative environmental impacts of activities and report on these through a mechanism set up under the agreement. Reports shall be made available to the public.

References: UNCLOS Art 204 (monitoring risks/effects of pollution), UNCLOS Art 205 (publication of reports) Kiev Protocol Art 12 (monitoring and reporting), Madrid Protocol Art 3(2)( c)(ii) (environmental principles)

Suggestion 4: Regular review of activities[edit | edit source]

Activities should be regularly reviewed, as the potential for environmental impacts can change over time due to changes in technology, scale, cumulative impacts and other factors.

When there are material changes in scale, frequency, scope, duration of an activity, cumulative impacts, or other factors, there could be screening to determine whether the activity meets the threshold for EIA or, if an EIA was already prepared, for preparing a supplemental EIA.

References:

Also see:[edit | edit source]