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Guidelines could ensure better international cooperation, by Stephen
Stec
UN proposes fix for Europe ’s multilateral environmental
agreements
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| Photo: SERGIU SERBAN |
| HIGH-LEVEL:The
Carpathian Mountains are among the natural areas protected by multilateral
environmental agreements.
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A package of guidelines to be unveiled at the upcoming
environmental conference in Kiev could improve compliance with multilateral
environmental agreements throughout Europe. The guidelines were adopted
by the Committee on Environmental Policy of the United Nations Economic
Commission for Europe at a special session in February. They will be presented
for adoption at the Kiev ministerial meeting in May on the Environment
for Europe process.
The guidelines identify obstacles to national implementation and compliance,
but more importantly they point out ways to do this in the early stages,
even at the time of negotiation. The guidelines refer to matters that
should be considered in the formulation of specific legal obligations.
In planning how to meet their international obligations, states should
review each obligation, identify those responsible for implementation,
make necessary administrative arrangements, secure funding, provide for
enforcement, engage the public and the regulated community, and monitor
and learn from implementation.
The guidelines build on previous efforts by elaborating the principles
behind the development of reporting obligations of state parties to multilateral
international agreements. They emphasise the role of reporting in assessing
compliance, disseminating information and gaining feedback. Suggestions
for structuring reporting and for the inclusion of specific elements,
as well as ways to ensure accurate, complete and effective reporting,
are included in the package.
While the name of the task force that drafted the document included "compliance
and enforcement" the final title of the guidelines refers to "compliance
and implementation." These terms have different meanings depending on
whether one talks about international obligations of states or about measures
taken on the national level to meet these obligations. The task force
employed a definition of enforcement relevant to imposing obligations
on industry on the national level, and concluded that it was covered by
the term "implementation."
The guidelines, addressed to ministers, governments, environmental organisations,
public authorities, the international environmental community and the
public, relate to compliance with and implementation of multilateral agreements
relevant to the Economic Commission for Europe region, and primarily conventions
of that commission. These include the Aarhus Convention on Access to Information,
Public Participation in Decision-Making and Access to Justice in Environmental
Matters; the Espoo Convention on Transboundary EIA; the Convention on
Long- Range Transboundary Air Pollution; the Helsinki Convention on the
Protection and Use of Transboundary Watercourses and International Lakes;
and the Convention on Transboundary Effects of Industrial Accidents; and
their protocols.
It took about 16 months during 2001 and 2002 for the task force to work
out the package. Assistance came from experts from 26 ECE member states
as well as representatives of the United Nations Environment Programme,
the Regional Environmental Center for Central and Eastern Europe and the
European Ecoforum. Their development was coordinated with that of the
global guidelines of the United Nations Environment Programme, which were
adopted in 2002. The full text of the "Guidelines for Strengthening Compliance
with and Implementation of Multilateral Environmental Agreements in the
Economic Commission for Europe Region" (document CEP/2003/7) is available
from the UNECE Secretariat.
Contact: albena.karadjova@unece.org.
Stephen Stec is the Head of the Environmental
Law Programme at the Regional Environmental Center for Central and
Eastern Europe
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