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Transboundary EIA
Prunéřov II
World’s first transboundary environmental impact
assessment of CO2 emissions and climate impacts
of a coal-fired power plant
Jan Šrytr, Environmental Law Service, Prague, September 23rd 2011
Prunéřov II power plant
• the largest coal-fired power plant in
the Czech Republic and the 18th
largest in Europe
• It is the largest single source CO2 in
the Czech Republic
• Operated by CEZ – state owned
monopoly
• CEZ plans to renew 3 of 5 blocks
• Extended lifespan until at least 2037
What’s wrong with the plan?
• Fails to reach minimum (BREF) energy efficiency
levels of 42%
• Flawed EIA – no alternatives evaluated
•Deviation from BAT would alone result in
more than 5 million tonnes of CO2 over 25
years
Prunéřov II TEIA
December 3rd 2009: FSM requests the initiation of Transboundary
Environmental Impact Assessment (TEIA)
December 21st 2009: FSM receives a letter from the Czech Deputy
Minister of the Environment which says that FSM’s suggestions will be
“employed and taken into consideration in issuing the statement or in
further stages of the approval process.”
January 4th 2010: FSM submits Viewpoint detailing concerns and
requests a negative EIA statement to be issued
- Climate change represents a “dire threat” to the entire nation
- The EIA failed to address climate impacts of the plan
- Alternatives using Best Available Techniques (BAT) were not
included
- Serious environmental impacts could affect the FSM’s territory
April 29th 2010: The affirmative EIA statement for the Prunerov II project
is issued by the Ministry
Legal basis - the FSMs claim:
EIA Directive
(85/337/EEC)
The EU Members
only
Czech EIA Act
(100/2001 Coll.)
X
Any affected
state
Prunéřov II climate
impact assessment
• Separate expert’s report on climate change impacts
• Comparison of the plant’s emissions to the global
emissions
wrong
any single source is then marginal
• Treshold triggering a climate assessment
• Climate assessment considers alternatives
and mitigation measures
EIA announced on April 20,
2010
• Status of “affected state” awarded
• The Ministry took the FSM’s Viewpoint into account
• CEZ to reduce the generation of over 5 million tonnes
of CO2
But
• Weak methodology of climate impacts assessment
• No follow up towards the FSM
International law:
• No Harm Principle, Precautionary Principle (Trail Smelter, Rio
Declaration)
• EIA provisions in international agreements
• Principle 17 of the Rio Declaration
• Espoo Convention
• UNFCCC
• UNCLOS
Case law: ICJ Judgment Pulp Mills on the River Uruguay
• TEIA has attained the status of customary law
Prunerov II TEIA fits within the current framework of
international law.
Transboundary Climate
Impact Assessment?
• Do GHG emissions have transboundary
effect?
• Can we attribute any impacts of climate
change to a particular state?
• All against all, how to avoid an universal
climate change standing?
Thank you!
with support of