Transboundary EIAPrunéřov 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

Kliknutím na ikonu přidáte klipart.

• 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

Prunéřov II power plant

• Fails to reach minimum (BREF) energy efficiency levels of 42%

• Flawed EIA – no alternatives evaluated

What’s wrong with the plan?

• 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.)

Any affected state

X

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