ROUND TABLE RESOLUTION

Nord Stream project:

Environmental impact assessment within the framework of the Espoo convention

Within the framework of the VIII International Environmental Forum “Baltic Sea Day”

CHAIRMEN: S.G.Serdyukov (Technical Director, Nord Stream AG)

                        A.A.Starstev (Representative of Environmental Committee of State Duma

                       of the Russian Federation)

                      Natalia Tretyakova, Head of Russian Delegation in HELCOM, Ministry of Natural

                     Resources, the Russian Federation

Participants: 92

The subject of this round table was chosen in order to implement Recommendations 3 and 7 of the Round table on Nord Stream project (NEGP) within the VII International Forum “Baltic Sea Day” (22-23 March 2006) according to which it was recommended to the project management to carry out environmental impact assessment (EIA) for gas pipeline based on the international environmental law and with the involvement of international and national experts, as well as to provide public access to comprehensive environmental information during EIA process.

The Round table sessions were attended by 92 representatives from 9 states (Estonia, Germany, Latvia, Lithuania, Norway, Poland, Russia, Sweden and Switzerland) including 7 states of the Baltic Sea region. 14 presentations were made by the participants of the Round table by representatives of Denmark, Germany, Lithuania, Russia and non-governmental organisation Coalition Clean Baltic that consists of non-governmental organisations of Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland, Russia, Sweden, and Ukraine.

CONSIDERING THE FACT that Nord Stream project is part of the development programme for EU Trans-European Transport Networks (TEN-E) and is carried out in accordance with the basic goals of the common European energy policy: stability, competitiveness and reliability of supplies;

TAKING INTO ACCOUNT the fact that the implementation of Nord Stream project is designed to mitigate possible energy shortages in European countries for their sustainable economic development;

NOTING the importance of the comprehensive account of environmental factors during the preparation and implementation of the project and the need to minimize adverse impacts upon sensitive and vulnerable ecosystem of the Baltic Sea;

RECOGNIZING the Convention on Environmental Impacts Assessment in a Transboundary Context (Espoo Convention) developed within the framework of the United Nations Economic Commission for Europe (UNECE), as the prevailing international law in the field of transboundary environmental impact assessments;

Round table participants:

TAKE NOTE of the fact that within less than a month after the VII International Forum “Baltic Sea Day” (22-23 March 2006), on 19 April 2006, the recommendation to initiate an international environmental impact assessment for Nord Stream project was started: following the initiative of the project developers, the official bodies of five countries (Denmark, Finland, Germany, Russia and Sweden), in whose waters the pipeline will be laid, started consultations concerning such assessment within the framework of the Espoo Convention;

WELCOME the decision made by the Russian Federation that is not a Party to the Espoo Convention to make such assessment acting in the spirit of good neighbourhood and cooperation;

SUPPORT joint decision of Nord Steam AG and official bodies of Denmark, Finland, Germany, Russia and Sweden made upon the consulting meetings in Germany (19 April, 9 May and 17 October 2006), Russia (28-29 August 2006) and Denmark (7 November 2006) concerning the international environmental impact assessment as per the Espoo Convention according to which the following agreement was reached:

-         Nord Stream gas pipeline has number 8 (large-diameter oil and gas pipelines) in the List of activities in Appendix I to the Espoo Convention that can have adverse transboundary impacts. Thus, the EIA within the framework of  the Convention should be made for the given project in Denmark, Finland, Germany and Sweden that are the Parties of the Convention, as well as in the Russian Federation;

-         Denmark, Finland, Germany and Sweden consider themselves as the Parties of origin in sense of the Espoo Convention. However, the Russian Federation, being not a Party to the Convention, will act as the Party of origin only as far as this complies with its national legislature;

-         All nine states of the Baltic Sea region, including Denmark, Estonia, Finland, Germany, Latvia, Lithuania, Poland, the Russian Federation and Sweden are considered to be affected Parties in sense of the Espoo Convention;

-         The Four Parties of origin and the Russian Federation agreed to send out similar agreed Notification to each affected Party;

-         Having sent that Notification, the project owner will prepare EIA documentation with account of the comments received from stakeholders and public. That documentation will thereupon be sent as per the Espoo Convention by the Parties of origin and the Russian Federation to those affected Parties that will express their interest to participate in the EIA procedure. Later the affected Parties and public will have another opportunity to get consulting regarding prepared EIA materials.

TAKE NOTE OF the activities of Nord Stream AG that prepared the materials on environmental aspects of planned activities (more than 100 pages), provided for its translation into all languages of the Baltic Sea region countries and into English, and sent those materials along with the Notification within the framework of the Espoo Convention to all Baltic Sea region countries on 14 November 2006 to get comments from stakeholders and public, as well as posted those materials on the company web site.

APPROVE broad public involvement in Nord Stream EIA procedure that is based on the UNECE Guidelines on public participation in environmental impact assessment in a transboundary context (approved by the Third Meeting of the Parties to the Espoo Convention, Сavtat, Croatia, 1-4 June 2004) developed by the international experts group including the representatives of EU, UNECE, Azerbaijan, Bulgaria, Croatia, Estonia, Finland, France, Georgia, Great Britain, Hungary, Italy, Kyrgyzstan, Romania and with Russian Federation’s coordinating role as the lead country.

More than 140 responses were received from official bodies and stakeholders of nine Baltic Sea region countries, including public. They were discussed by the representatives of the official bodies of the Espoo Convention, the Parties of origin, the Russian Federation and Nord Stream AG (20-21 March 2007, Stockholm) and will be taken into account during further research and EIA document preparation.

Round table participants recommend:

1. TO MAINTAIN further the constructive actions of the official bodies of Denmark, Finland, Germany, the Russian Federation and Sweden as well as those of Nord Stream AG for making international environmental impact assessment for the project within the framework of the Espoo Convention including broad public and other stakeholders involvement.

2. TO INFORM international public about Nord Stream EIA within the framework of various international forums and meetings, including meetings of the UNECE Working Group on EIA on 21-23 May and 21-23 November 2007 in Geneva, Switzerland and meetings of the Parties to the Espoo Convention on 19-21 May 2008 in Bucharest, Romania, meetings of the Heads of Delegations and Ministerial Meetings of the Baltic Marine Environment Protection Commission (HELCOM)  including of HELCOM Ministerial Meeting on 15  November 2007 in Krakow, Poland.

3. TO PUBLISH the results of Nord Stream international environmental impact assessment within the framework of the Espoo Convention in easily accessible as well as in special mass media, to send them to the governments, parliaments, concerned authorities, research and educational organisations, public and scientific libraries and public organisations of the Baltic Sea region countries, as well as to post them in the Internet   and to facilitate the implementation of other projects that provide for the information and participation of general public in EIA within the framework of the Espoo Convention.

4. TO TAKE INTO ACCOUNT the responses from the official bodies and stakeholders, including public, that have been received in reply to the Nord Stream project Notification within the framework of the Espoo Convention and during the discussion at the Round table, in future research and preparation of EIA materials, in particular, the programme of future EIA should include the research into:

• Reasonable alternatives (for example, of locational or technological characteristics) to proposed activity and also the no-action alternative;
• The consequences of the disturbance of the sea bottom;
• Possible impacts of the dumped WWII chemical and other weapons, as well as of the hazardous substances of technogenic origin;
• Affects upon commercial fishery;
• Conditions for gas pipeline intersections with the coast;
• Risks.

5. TO PROVIDE an opportunity to study the EIA materials made within the framework of the Espoo Convention regarding planned construction of Nord Stream gas pipeline to all interested parties, including public and those who sent their comments and proposals when the Notification within the framework of the Espoo Convention was discussed.

6. TO PROVIDE an opportunity to all interested parties, including public, to submit their comments to the official bodies of the Parties of Origin and the Russian Federation regarding the draft EIA materials for the designed Nord Stream gas pipelines.

7. TO DRAW ATTENTION to the fact that the inter-governmental agreements on the construction of Nord Stream gas pipeline on the Baltic Sea bottom where WWII chemical munitions were dumped gives the reason for once gain considering the impacts of those munitions upon the Baltic Sea ecosystem. The Round table participants apply to the Governments of the Great Britain and USA with the request to give access to the information about the chemical munitions dumped by those countries and recommend HELCOM to consider that problem again with account of the current situation.

8. TO MAKE A PROVISION that in the final decision on the proposed activity (the construction of Nord Stream gas pipeline) due account is taken of the outcome of the environmental impact assessment, including the environmental impact assessment documentation, as well as the comments thereon received.