2003 Protocol on Strategic Environmental Assessment to the Convention on Environmental Impact Assessment in a Transboundary Context

Kiev Protocol/Kyiv (SEA) Protocol

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United Nations Economic Commission for Europe

Article 20 of the Protocol, ‘Settlement of Disputes’:

“The provisions on the settlement of disputes of article 15 of the [1991] Convention [on Environmental Impact Assessment in a Transboundary Context] shall apply mutatis mutandis to this Protocol.”

Article 15 of the Convention, ‘Settlement of Disputes’:

“1. If a dispute arises between two or more Parties about the interpretation or application of this Convention, they shall seek a solution by negotiation or by any other method of dispute settlement acceptable to the parties to the dispute.

2. When signing, ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a Party may declare in writing to the Depositary that for a dispute not resolved in accordance with paragraph 1 of this Article, it accepts one or both of the following means of dispute settlement as compulsory in relation to any Party accepting the same obligations

(a) Submission of the dispute to the International Court of Justice;

(b) Arbitration in accordance with the procedure set out in Appendix VII.

3. If the parties to the dispute have accepted both means of dispute settlement referred to in paragraph 2 of this Article, the dispute may be submitted only to the International Court of Justice, unless the parties agree otherwise.”

Secretary-General of the United Nations

Annex I: List of projects as referred to in Article 4, paragraph 2

Annex II: Any other projects referred to in Article 4, paragraph 2

Annex III: Criteria for determining of the likely significant Environmental, including health, effects referred to in Article 5, paragraph 1

Annex IV: Information referred to in Article 7, paragraph 2

Annex V: Information referred to in Article 8, paragraph 5

11/07/2010

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.”

1991 Convention on Environmental Impact Assessment in a Transboundary Context

1992 Rio Declaration on Environment and Development

1998 Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters

2001 Amendment to the Convention on Environmental Impact Assessment in a Transboundary Context

2004 Amendment to the Convention on Environmental Impact Assessment in a Transboundary Context

United Nations Economic Commission for Europe accessed on 30/07/2021