Decreto n.º 13/2012, de 25 de Junho de 2012
MINISTÉRIO DOS NEGÓCIOS ESTRANGEIROS Decreto n.º 13/2012 de 25 de junho Portugal é Parte na Convenção sobre a Avaliação dos Impactes Ambientais Num Contexto Transfronteiras, ado- tada no âmbito das Organização das Nações Unidas, em Espoo, em 25 de Fevereiro de 1991, aprovada pelo Decreto n.º 59/99, de 17 de Dezembro, publicado no Diário da República, 1.ª série -A, n.º 292, tendo depositado o ins- trumento de ratificação em 6 de Abril de 2000, conforme Aviso n.º 186/2000, publicado no Diário da República, 1.ª série -A, n.º 226, de 29 de Setembro de 2000. Nesta linha, o Protocolo relativo à Avaliação Ambiental Estratégica à Convenção sobre a Avaliação dos Impactes Ambientais Num Contexto Transfronteiras, assinado na Quinta Conferência Ministerial «Ambiente para a Europa», realizada em Kiev, em 21 de maio de 2003, tem como principal objetivo integrar considerações ambientais e de saúde na elaboração e adoção de planos e programas e, se for caso disso, de políticas e legislação.
Assim: Nos termos da alínea
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do n.º 1 do artigo 197.º da Cons- tituição, o Governo aprova o Protocolo relativo à Avaliação Ambiental Estratégica à Convenção sobre a Avaliação dos Impactes Ambientais Num Contexto Transfronteiras, assinado em Kiev, em 21 de maio de 2003, cujo texto, na versão autenticada na língua inglesa, assim como a respe- tiva tradução para língua portuguesa, se publica em anexo.
Visto e aprovado em Conselho de Ministros de 7 de março de 2012. — Pedro Passos Coelho — Paulo Saca- dura Cabral Portas — Maria de Assunção Oliveira Cristas Machado da Graça — Paulo José de Ribeiro Moita de Macedo.
Assinado em 16 de abril de 2012. Publique -se.
O Presidente da República, A NÍBAL C AVACO S ILVA . Referendado em 19 de abril de 2012. O Primeiro -Ministro, Pedro Passos Coelho.
PROTOCOL ON STRATEGIC ENVIRONMENTAL ASSESSMENT TO THE CONVENTION ON ENVIRONMENTAL IMPACT ASSESSMENT IN A TRANSBOUNDARY CONTEXT The Parties to this Protocol, Recognizing the importance of integrating environmen- tal, including health, considerations into the preparation and adoption of plans and programmes and, to the extent appropriate, policies and legislation, Committing themselves to promoting sustainable de- velopment and therefore basing themselves on the con- clusions of the United Nations Conference on Environ- ment and Development (Rio de Janeiro, Brazil, 1992), in particular principles 4 and 10 of the Rio Declaration on Environment and Development and Agenda 21, as well as the outcome of the third Ministerial Conference on Environment and Health (London, 1999) and the World Summit on Sustainable Development (Johannesburg, South Africa, 2002), Bearing in mind the Convention on Environmental Impact Assessment in a Transboundary Context, done at Espoo, Finland, on 25 February 1991, and decision II/9 of its Parties at Sofia on 26 and 27 February 2001, in which it was decided to prepare a legally binding protocol on strategic environmental assessment, Recognizing that strategic environmental assessment should have an important role in the preparation and adop- tion of plans, programmes, and, to the extent appropriate, policies and legislation, and that the wider application of the principles of environmental impact assessment to plans, programmes, policies and legislation will further strengthen the systematic analysis of their significant en- vironmental effects, Acknowledging the Convention on Access to Informa- tion, Public Participation in Decision -making and Access to Justice in Environmental Matters, done at Aarhus, Den- mark, on 25 June 1998, and taking note of the relevant paragraphs of the Lucca Declaration, adopted at the first meeting of its Parties, Conscious, therefore, of the importance of providing for public participation in strategic environmental asses- sment, Acknowledging the benefits to the health and well- being of present and future generations that will follow if the need to protect and improve people’s health is taken into account as an integral part of strategic environmental assessment, and recognizing the work led by the World Health Organization in this respect, Mindful of the need for and importance of enhancing international cooperation in assessing the transboundary environmental, including health, effects of proposed plans and programmes, and, to the extent appropriate, policies and legislation, Have agreed as follows: Article 1 Objective The objective of this Protocol is to provide for a high level of protection of the environment, including health, by: (a) Ensuring that environmental, including health, con- siderations are thoroughly taken into account in the deve- lopment of plans and programmes; (b) Contributing to the consideration of environmental, including health, concerns in the development of plans and programmes; (c) Establishing clear, transparent and effective proce- dures for strategic environmental assessment; (d) Providing for public participation in strategic envi- ronmental assessment; and (e) Integrating by these means environmental, including health, concerns into measures and instruments designed to further sustainable development; (f) Integrating by these means environmental, including health, concerns into measures and instruments designed to further sustainable development.
Article 2 Definitions For the purposes of this Protocol: 1 — «Convention» means the Convention on Environ- mental Impact Assessment in a Transboundary Context. 2 — «Party» means, unless the text indicates otherwise, a Contracting Party to this Protocol. 3 — «Party of origin» means a Party or Parties to this Protocol within whose jurisdiction the preparation of a plan or programme is envisaged. 4 — «Affected Party» means a Party or Parties to this Protocol likely to be affected by the transboundary en- vironmental, including health, effects of a plan or pro- gramme. 5 — «Plans and programmes» means plans and pro- grammes and any modifications to them that are: (a) Required by legislative, regulatory or administrative provisions; and (b) Subject to preparation and/or adoption by an au- thority or prepared by an authority for adoption, through a formal procedure, by a parliament or a government. 6 — «Strategic environmental assessment» means the evaluation of the likely environmental, including health, effects, which comprises the determination of the scope of an environmental report and its preparation, the carrying -out of public participation and consultations, and the taking into account of the environmental report and the results of the public participation and consultations in a plan or programme. 7 — «Environmental, including health, effect» means any effect on the environment, including human health, flora, fauna, biodiversity, soil, climate, air, water, lands- cape, natural sites, material assets, cultural heritage and the interaction among these factors. 8 — «The public» means one or more natural or le- gal persons and, in accordance with national legislation or practice, their associations, organizations or groups.
Article 3 General provisions 1 — Each Party shall take the necessary legislative, regulatory and other appropriate measures to implement the provisions of this Protocol within a clear, transparent framework. 2 — Each Party shall endeavour to ensure that officials and authorities assist and provide guidance to the public in matters covered by this Protocol. 3 — Each Party shall provide for appropriate recogni- tion of and support to associations, organizations or groups promoting environmental, including health, protection in the context of this Protocol. 4 — The provisions of this Protocol shall not affect the right of a Party to maintain or introduce additional measures in relation to issues covered by this Protocol. 5 — Each Party shall promote the objectives of this Protocol in relevant international decision -making pro- cesses and within the framework of relevant international organizations. 6 — Each Party shall ensure that persons exercising their rights in conformity with the provisions of this Pro- tocol shall not be penalized, persecuted or harassed in any way for their involvement.
This provision shall not affect the powers of national courts to award reasonable costs in judicial proceedings. 7 — Within the scope of the relevant provisions of this Protocol, the public shall be able to exercise its rights without discrimination as to citizenship, nationality or domicile and, in the case of a legal person, without discri- mination as to where it has its registered seat or an effective centre of its activities.
Article 4 Field of application concerning plans and programmes 1 — Each Party shall ensure that a strategic environ- mental assessment is carried out for plans and programmes referred to in paragraphs 2, 3 and 4 which are likely to have significant environmental, including health, effects. 2 — A strategic environmental assessment shall be car- ried out for plans and programmes which are prepared for agriculture, forestry, fisheries, energy, industry including mining, transport, regional development, waste manage- ment, water management, telecommunications, tourism, town and country planning or land use, and which set the framework for future development consent for projects listed in annex I and any other project listed in annex II that requires an environmental impact assessment under national legislation. 3 — For plans and programmes other than those subject to paragraph 2 which set the framework for future deve- lopment consent of projects, a strategic environmental assessment shall be carried out where a Party so determines according to article 5, paragraph 1. 4 — For plans and programmes referred to in para- graph 2 which determine the use of small areas at local level and for minor modifications to plans and programmes referred to in paragraph 2, a strategic environmental asses- sment shall be carried out only where a Party so determines according to article 5, paragraph 1...
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