Obligation to conduct EIAs

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

Drawing from article 206 of the Convention and customary international law, the text would set out the obligation for States to assess the potential effects of planned activities under their jurisdiction or control in areas beyond national jurisdiction.

From Chair's indicative suggestions document 31/05/17:

Based on article 206 of UNCLOS, the text would set out the obligation for States to assess the potential effects of planned activities under their jurisdiction or control in areas beyond national jurisdiction.

From President's aid to discussion 25/06/18:

The manner in which the instrument would set out the obligation for States to assess the potential effects of planned activities under their jurisdiction or control in areas beyond national jurisdiction.


Suggestion 1: Obligation to ensure EIA is taken[edit | edit source]

Impose obligation on States to ensure EIAs are undertaken for activities or processes within their jurisdiction or control with potential to cause harm to biodiversity or the marine environment in ABNJ.

References:IUCN Policy Brief VIII: Options for Environmental Impact Assessments UNCLOS Art 206, UNCLOS Art 194.2 (all measures necessary to not cause damage to other States or ABNJ), CBD Art 4 (Jurisdictional Scope), CBD Art 7 (identification and monitoring), Espoo Convention Art 2(3), UNGA Res. 61/105, paras. 83-89 (significant adverse impacts)

Suggestion 2: Obligation to undertake SEA[edit | edit source]

Impose obligation on States to conduct SEA of plans and programmes under their jurisdiction or control with potential to cause harm to biodiversity or the marine environment in ABNJ.

References: Kiev Protocol Art 4 (field of application concerning plans and programmes)

Suggestion 3: Basic standards[edit | edit source]

Operationalize obligation by including basic standards for transparency, consultation and obligation to adopt measures to avoid significant adverse impacts in the instrument. Other standards and best practice guidelines could be developed by the instrument's scientific and technical body.

References:

Also see[edit | edit source]