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| Report of the Stakeholder Workshop on the creation of the �International Commission on Impact Assessment (ICIA)� held on 17 June 2002 at The Hague, the Netherlands |
| 1. Present: Governments: Belgium, Flanders Regional Government, department of Living Environment (�Leefmilieu�) Mr. Geert Pillu EIA Unit (�MER cel�) Ghana, Ministry of Environment and Science Mr. Dominic Fobih Minister Mr. Yaw Amoyaw-Osei Head Environmental Assessment Unit, Environmental Protection Agency Georgia, Ministry of Environment Mr. Givi Kalandandze Head of the department of Strategic Planning and Waste Management Morocco, Minist�re de l��m�nagement du Territoire, de l�Urbanisme, de l�Habitat et de l�Environnement Messrs. Nassim Samir and Boulejiouch Jafaar Netherlands, Ministry of Environment Ms. Jannie Ratelband Netherlands, Ministry of Foreign Affairs, Directorate General International Co-operation Mr. Herman Specker Chief International Environmental Policy Peoples Republic of China Hong Kong Environmental Protection Department Mr. Elvis Au Chief South Africa, Department of Environment and Tourism Mr. Wynand Fourie director Environmental Impact Management International Organisations: World Health Organisation Mr. Carlos Dora Senior policy Analyst European Commission Ms. Lieselotte Feldmann Unit B3, Territorial Dimension Financial Institutions and Commercial Banks The World bank (WB) Mr. Jean Rogier Mercier Senior Environmental Advisor The Asian Development Bank (ADB) Mr. Warren Evans director Environment and Social Safeguard Division, Regional and Sustainable Development Department The European Bank for Reconstruction and Development (EBRD) Mr. Bill Kennedy Environmental Appraisal Unit Private Industry Shell, Sakhalin Energy Investment Company Ltd Mr. Steven de Bie Sustainable Development Manager Non-Governmental Organisations WWF International, Gland, Switzerland Mrs. Jenny Heap International Association for Impact Assessment Mr. Peter Leonard President � elect Maria Rosario Partidario ex-president Mr. Michel Bouchard Mr. Robert Joly Francophone secretariat Commission for Impact Assessment in the Netherlands Mr. Niek Ketting chairman Mr. Jules Scholten director Mr. Reinoud Post technical secretary Mr. Toni Mancusi intern student Mrs L.M. Wildenburg Secretary Ms A. Snel Secretary The following persons were unable to attend the meeting and sent their regrets: * Mauricio Castro Salazar (CCAD Central America), Ms. Nino Chokobadze (Georgia, Minister of Env.), Jiri Guth (Czech Rep.), Terje Lind (Norway), Jaap Enter, Klaas Jan Moning en Hans van der Vlist (Netherlands, ministry of Env.), Mrs. Hajah Rosnani Ibrahim (Dir. gen. dept. Env. Malaysia), Jan de Mulder (Flanders regional govt. Belgium), Claude Rouam (EC), J. de Wit (AKZO NOBEL), Ms. Andrea Athanas (IUCN), Ms. Grethel Aguilar (IUCN/ ORMA), Ms. Helen Byron (Birdlife International), Sjef Langenveld (Both Ends, NGO), Daan Dijk en Bart Jan Krouwel (Rabobank), John Lintjer (ADB), Maninder Gill (WB), Maartje van Putten (WB Inspection Panel), Jos�-Luis Salazar (EEA, Copenhagen), Husain Abaza (UNEP). 2. Organisation and structure of the ICIA All stakeholders have the opinion that there is a clear need for the ICIA. They strongly support the initiative. In the light of the case studies it is agreed that the best approach is to conduct a pilot phase of three years to gather experience as well as to build credibility and that for this period the ICIA must be set up as a foundation under the law of the host country. During the pilot phase the need to formally internationalise the organisation must be looked into and adapted if found desirable. Also, the principle of the two tiered internal structure of foundation and commission to guarantee the independence of the ICIA from the stakeholder contributions and donations is accepted. There are some questions: * Q: How will the board of the foundation be composed? A: Invite a number of persons of high standing and reputation to make up the first board. The Task Force proposes these persons to the stakeholders group. Establish rules in the by-laws for period of tenure and how to appoint new board members. The board must be made up from the various stakeholder groups (i.e. governments, international organisations, development banks, private industries and NGOs). * Q: How does the ICIA relate to the work of consultant companies? Can the ICIA tender for projects? A: The ICIA is a non-profit organisation and cannot tender to acquire requests for advice. * Q: Can the board decide which requests for advice will be accepted? A: No, the commission scrutinises the requests and determines which are in line with the tasks of the ICIA and that are not in conflict with its role as an independent adviser. Selection criteria will be formulated and incorporated in the �Operational Principles� (see point 7). * Q: Will there be possibility that in specific situations a stakeholder can directly ask the ICIA for advice? A: It seems that there is room for such situations, particularly in case of a request from a private industry for an opinion about a pre-feasibility study to check whether all relevant aspects and alternatives have been taken into consideration. Condition is that such advice will be public. 3. Financial support There is much moral support. However, when approached for financial support, many stakeholders indicate that they await the successful outcome of the pilot phase before they can financially support the ICIA. This implies that the ICIA could get stuck in a situation in which it would like to demonstrate that it is capable to perform its tasks but that it is unable to do so due to lack of funds. * Minister Fobih of Ghana wants the initiative to move forward and pledges US $ 5,000 for the pilot phase. Ghana will serve as the hub in Africa for the ICIA and Minister Fobih will promote the initiative amongst the sister African countries during the coming AMSEN meeting of Environment Ministers at Kampala Uganda. * Mr. Herman Specker on behalf of the Netherlands ministries of Environment and Development Co-operation pledges a contribution of � 200,000 per year for the pilot phase. Conditions are: (1) the approval of the new ministers after their appointment to the new national government and (2) the other stakeholders fill in the balance of the budget that is needed for the pilot phase. * Mrs. Lieselotte Feldmann states that the EC is willing to contribute up to 10 per cent of the total budget for the pilot phase. Condition is that the other stakeholders fill in the balance. Mr. Claude Rouam is willing to bring the initiative to the attention of the member states of the EU in the week of 24 � 28 June when they meet in Spain. * Mr. Geert Pillu confirms the commitment of the Flanders regional government to contribute � 25,000 annually for the pilot phase. * The Netherlands Commission for EIA has received word from Mr. Terje Lind of the Norway ministry of Environment that Norway is considering a financial contribution to the pilot phase as well. The Netherlands Commission is also in contact with the Rabo Bank in the Netherlands and with the Netherlands branch of the WWF about possible financial contributions. * Mr. Wynand Fourie states that he is not (yet) in a position to commit South Africa to a financial contribution. South Africa recognises the need for independent advisory capacity. He proposes that the ICIA closely co-operates with the regional Southern African Institute for Environmental Assessment (SAIEA) that has been established more than a year ago to perform in that region a role that is similar to that of the proposed ICIA. The SAIEA started with seed funding from the World Bank and places much emphasis on regional capacity building. * Mr. Steven de Bie had hoped to be able to indicate the position of Shell in responding to the request for financial support. However, the matter needs further internal consideration. He hopes to be able to report the outcome soon. Shell can make available support �in kind�. This can take the form of making available experts in cases where there is no conflict of interest, e.g. in projects or plans that are not in the field of energy. * The Banks that are represented (WB, ADB and EBRD) state that they cannot contribute financially to the pilot phase. These banks must consult their clients and stakeholders. They can only do that when the ICIA has demonstrated during the pilot phase to fill a need. Mr. Jean Roger Mercier suggests that also the WB may contribute experts to panels of the ICIA. Mr. Warren Evans of the ADB states that ADB panels carrying out reviews for the bank have been branded as not being independent because the ADB pays these experts. This could present a reason to call on the ICIA to perform such reviews. Mr. Bill Kennedy of the EBRD indicates that 70 % of its lending is to the private sector. The EBRD is invited to convince these clients in industry and private enterprise to join the ICIA initiative as stakeholders. * Mr. Carlos Dora indicates that the WHO can also assist �in kind� with experts in the field of public health . Chairman Niek Ketting concludes this discussion that the Netherlands Commission for EIA as the initiator of the initiative has great hesitation to take the risk to start the pilot phase without sufficient financial coverage. By the end of July there must be at least 75 per cent coverage of the budget for the pilot phase to go ahead with the operational phase. This will be spelled out to all stakeholders by way of this report and through a new UPDATE. In the coming weeks there must be made an all out effort to reach that goal. 4. Launching the ICIA at the WSSD at Johannesburg Mr. Carlos Dora mentions that Mrs. Brundtland is informed and that the launch is included in her tentative programme. It will help if Mrs. Wallstr�m of the EC could be present as well. The Netherlands Commission for EIA will plan the side event at Johannesburg so that it agrees with the time schedules of Mrs. Brundtland and Mrs. Wallstr�m. 5. Mission Statement The following questions and remarks are made: * Q: What is meant with the section at the top of page two of the long version?: ICIA works within the respective legal framework for the country concerned. Would that mean that stricter international standards would not be observed in the ICIA�s judgement? A: In its advice the ICIA will take into account the national standards. Additionally, any standards that are associated with international conventions that have been ratified by the country concerned will be observed as well. If the national standards deviate considerably from international standards, the ICIA will report in its advice what significance must be attached to the difference in application of the different sets of standards. * Q: Will the advice of the ICIA also scrutinise the IA process of the country involved? A: The advice of the ICIA will only check whether the formal procedure of the country concerned has been followed properly. If not, this will be noted. * The suggestion is made to start in the pilot phase with projects. If there is more experience, also requests concerning plans and programmes can be accepted. * The Mission Statement must contain more information about the structure of the ICIA and the role and position of the secretariat. * The role that ICIA should play in regional and local capacity building must receive more attention. The Mission Statement will be adapted accordingly. 6. Selection criteria for the seat of the secretariat The matter of the selection criteria is discussed profoundly. It is most important that the result of the selection must be practical and cost efficient. In this light the remark is made that the origin of the initiative is in the Netherlands and that only with the support of the Netherlands Commission for EIA the pilot phase can be successful. From this practical point of view the ICIA should be located in the Netherlands, at least during the pilot phase. Potential locations are The Hague, Amsterdam and also Utrecht. Try to negotiate favourable and special facilities with potential candidate cities. It is agreed that the best location for the secretariat during the pilot phase is the Netherlands. The Task Force will investigate what attractive entitlements the cities of The Hague, Amsterdam and Utrecht can offer. 7 and 8. Remaining items The agenda points 7 and 8 (Operational principles, Manual for working groups, Business plan and By-laws) are not discussed as they only come up for further elaboration once the decision is made to establish the ICIA. Givi Khalandadze presents the experience of Georgia in the contribution of independent reviewing pertinent EA reports to the decision making about the Baku � Tblisi � Ceyhan oil pipeline project. 9. Points of Action * Find the additional funds to cover the budget requirements for the pilot phase to at least 75 per cent at the end of July * Find additional support for the initiative particularly amongst the member states of the EC, amongst the various specialised agencies of the UN * Adapt the Mission Statement to include capacity building and more information about the structure of the ICIA and the role of the secretariat * Investigate what attractive facilities can be offered by potential candidate cities in the Netherlands to accommodate the ICIA * When sufficient funding for the pilot phase will be available, organise a new meeting of the Task Force in November to discuss operational matters. Following the stakeholder meeting the annual conference of the International Association for Impact Assessment took place from 18 till 21 June. On Thursday 20 June the ICIA initiative was presented to the participants in this conference in a plenary session in the morning and during a workshop in the afternoon. Here, the results of these presentations are briefly touched upon. During the plenary session, four speakers addressed the audience why they support the creation of the ICIA and which use can be made of its services. These persons were: 1. Prof. Dominic Fobih, Minister of Environment and Science of Ghana 2. Mr. Roelof Platenkamp, Exploration and Production Manager NAM Gas and oil Company, The Netherlands 3. Mr. Henning Arp, member of the Cabinet of Commissioner Mrs. M. Walstr�m, European Commission, Brussels 4. Mr. Manuel Bola�as Salas, Vice Minister of Environment, Costa Rica. Mr. Bola�as Salas will explore contributing US $ 5,000 annually from the government of Costa Rica to the pilot phase. During the workshop in the afternoon a keynote presentation was given by Mr. Peter Tarr, director of the Southern African Institute for Environmental Assessment (SAIEA) about this institute and its potential relation with ICIA. Also, a panel discussion was held with contributions from Hong Kong (Prof. Lam Kin Che, chairman of the Hong Kong Committee on EIA), Georgia (Mr. Givi Khalandadze), Ecuador (Kl�ver Ch�vez, chief Environmental Quality of the Ministry of Environment) and Ghana (Yaw Amoyaw � Osei). The keynote presentation and the ensuing discussion demonstrated very clearly that there must be strong linkage between the ICIA and SAIEA (and other regional initiatives e.g. in Central and South America). The combination of ICIA and the regional advisory bodies will strengthen the regional capacity building efforts considerably. This combination with the regional centres will probably also increase the support for the ICIA. This linkage between the ICIA and SAIEA as well as other potential regional initiatives must be added to the Mission Statement and the structural setting of ICIA. It is proposed to ask the director of SAIEA (Peter Tarr) to join the Task Force. From the sessions on June 20, 2002 the following quotes have been gathered: * Prof. Dominic Fobih, Minister of Environment and Science, Ghana: �The initiative is long overdue, but better late than never�. * Rudolf Platenkamp, Exploration and Production Manager NAM Gas and oil Company, The Netherlands: �ICIA may bridge controversial views between environmental movements and industry�. * Henning Arp, member of the Cabinet of Commissioner Mrs. M. Wallstr�m, European Commission, Brussels: �ICIA can help in contentious cases�. * Manuel Bola�as Salas, Vice Minister of Environment, Costa Rica: �Los pa�ses Centroamericanos han manifestado en diferentes foros su apoyo a la iniciativa del ICIA� (At various forums the Central American States have expressed their support for the ICIA initiative). * Prof. Lam Kin Che, Chinese University and chairman of the Environmental Assessment Committee, Hong Kong, PRC : �ICIA = Independence, Credibility, Integrity and Affordability�. * Peter Tarr, director of the Southern African Institute of Environmental Assessment (SAIEA), Namibia: �ICIA must be strongly interlinked with regional independent review bodies, of which SAIEA is the first. This is the best guarantee for regional capacity building�. |