Suggestion 2: Substantial pollution or significant harmful changes

 

 

Activities, plans and programmes are subject to a prior EIA/SEA where they may cause substantial pollution of or significant and harmful changes to the marine environment or marine biodiversity of ABNJ.

 

 

References/Examples:

UNCLOS Art 206 (assessment of potential effects of activities)

Espoo Convention Art 2(3)

 

Suggestion 3: Establish a lower threshold for prior EIAs to be conducted in ABNJ MPAs

 

 

Activities, plans and programmes that are likely to have more than a minor or transitory effect on the marine environment or marine biodiversity within the MPA are subject to a prior EIA/SEA.

 

 

References/Examples:

Madrid Protocol, Art 8 (EIA)

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

Suggestion 4: Establish lower threshold for all activities

 

 

Activities, plans and programmes that are likely to have more than a minor or transitory effect on the marine environment or marine biodiversity of ABNJ are subject to a prior EIA/SEA.

 

 

References/Examples:

Madrid Protocol, Art 8 (EIA)

Kiev Protocol Art 4

Suggestion 5: List activities that are always subject to EIA

 

 

Specify activities, plans or programmes that are always subject to mandatory prior EIA, or subject to a lower threshold in determining whether an EIA is required. These could include, inter alia:

 

• Aquaculture
• Dumping of waste
• Geo-engineering
• Offshore hydrocarbon production
• Marine scientific research
• Laying of submarine cables and pipelines
• Ocean energy operations

 

 

References/Examples:

Espoo Convention, Art 2(3) (general provisions); Appendix I (List of activities)

Kiev Protocol Art 4 and Annexes I (list of projects) and II

Kiev Protocol Art 5 (screening)

EU Directive on EIA 2011/92/EU Annexes I and II

IUCN Policy Brief VIII

 

 

Suggestion 6: Decision-making body to develop/maintain list of activities subject to EIA

 

 

Provide for the decision making body to develop a list of activities, plans or programmes that are always subject to mandatory prior EIA/SEA, or subject to a lower threshold in determining whether an EIA/SEA is required. Provide criteria for listing activities, based on whether the activity, plan or programme has the potential to adversely affect marine biodiversity, alone or in combination with other existing activities.

 

 

References/Examples:

Espoo Convention, Art 2(3) (general provisions); Appendix I (List of activities)

Kiev Protocol Art 4 and Annexes I (list of projects) and II

Kiev Protocol Art 5 (screening)

EU Directive on EIA 2011/92/EU Annexes I and II

IUCN Policy Brief VIII