This decision has been retired.
Impact assessment, liability and redress
The Conference of the Parties,
I. IMPACT ASSESSMENT
1. Invites Parties, Governments and other relevant organizations:
(a) To implement paragraph 1 of Article 14 of the Convention on
Biological Diversity in conjunction with other components of the Convention
and to integrate environmental impact assessment into the work programmes on
thematic areas, including the biological diversity of inland water
ecosystems, marine and coastal biological diversity, forest biological
diversity, agricultural biological diversity, and the biological diversity of
dry and sub-humid lands, and on alien species and tourism;
(b) To address loss of biological diversity and the interrelated
socio-economic, cultural and human-health aspects relevant to biological
diversity when carrying out environmental impact assessments;
(c) To consider biological diversity concerns from the early stages
of the drafting process, when developing new legislative and regulatory
frameworks;
(d) To ensure the involvement of interested and affected stakeholders
in a participatory approach to all stages of the assessment process,
including governmental bodies, the private sector, research and scientific
institutions, indigenous and local communities and non-governmental
organizations, including by using appropriate mechanisms, such as the
establishment of committees, at the appropriate level;
(e) To organize expert meetings, workshops and seminars, as well as
training, educational and public awareness programmes and exchange
programmes, and carry out pilot environmental impact assessment projects, in
order to promote the development of local expertise in methodologies,
techniques and procedures;
2. Encourages Parties, Governments and relevant organizations:
(a) To use strategic environmental assessments to assess not only the
impact of individual projects, but also their cumulative and global effects,
incorporating biological diversity considerations at the decision-making
and/or environmental planning level;
(b) To include the development of alternatives, mitigation measures
and consideration of the elaboration of compensation measures in
environmental impact assessment;
3. Requests Parties to include in their national reports information
on practices, systems, mechanisms and experiences in the area of strategic
environmental assessment and impact assessment;
4. Requests the Subsidiary Body on Scientific, Technical and
Technological Advice to further develop guidelines for incorporating
biodiversity-related issues into legislation and/or processes on strategic
environmental assessment impact assessment, in collaboration with the
scientific community, the private sector, indigenous and local communities,
non-governmental organizations and relevant organizations at the
international, regional, subregional and national levels, such as the
Scientific and Technical Review Panel of the Convention on Wetlands, the
Scientific Council of the Convention on Migratory Species, DIVERSITAS,
IUCN-The World Conservation Union, the International Association for Impact
Assessment and the United Nations Environment Programme, as well as the
Parties, and further elaborate the application of the precautionary approach
and the ecosystem approach, taking into account needs for capacity-building,
with a view to completion by the sixth meeting of the Conference of the
Parties;
5. Also requests the Executive Secretary:
(a) To disseminate case-studies received;
(b) To renew the call for further case-studies, including case-studies
on negative impacts and, in particular, on impact assessments that
take the ecosystem approach into account;
(c) To compile and evaluate existing guidelines, procedures and
provisions for environmental impact assessment;
(d) To make this information available, together with information on
existing guidelines on incorporating biological diversity considerations into
environmental impact assessment, through, inter alia, the clearing-house
mechanism in order to facilitate sharing of information and exchange of
experiences at the regional, national and local levels;
II. LIABILITY AND REDRESS
6. Renews the invitation to Parties, Governments, and relevant
international organizations, contained in its decision IV/10 C, paragraph 8,
to provide the Executive Secretary with information on national,
international and regional measures and agreements on liability and redress
applicable to damage to biological diversity, acknowledging that some
Parties, Governments and organizations have already provided the Executive
Secretary with such information;
7. Requests the Executive Secretary to update the synthesis report
submitted to the fifth meeting of the Conference of the Parties
(UNEP/CBD/COP/5/16) to include information contained in further submissions
by Parties, Governments and relevant international organizations, taking into
account other relevant information including, in particular, information on
the work of the International Law Commission and on the development and
application of liability regimes under other multilateral instruments,
including the Antarctic Treaty, the Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and Their Disposal, and the
Cartagena Protocol on Biosafety, for the consideration of the Conference of
the Parties at its sixth meeting;
8. Welcomes the offer of the Government of France to organize a
workshop on liability and redress in the context of the Convention on
Biological Diversity;
9. Decides to consider at its sixth meeting a process for reviewing
paragraph 2 of Article 14, including the establishment of an ad hoc technical
expert group, taking into account consideration of these issues within the
framework of the Cartagena Protocol on Biosafety, and the outcome of the
workshop referred to in paragraph 8 of the present decision