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Transboundary consultations in strategic environmental assessment

Transboundary consultation could help avoid environmental conflicts between neighbouring countries and is, therefore, required by different international and European provisions. The Protocol on Strategic Environmental Assessment (SEA) (Kiev, 2003) to the Convention on Environmental Impact Assessment in a Transboundary Context widens transboundary consultation to SEA. Even though not yet in force, this protocol influences international law in general and European law in particular. The European Union (EU) SEA Directive obliges EU member states to consult the authorities and the public in other states if a plan or programme could have effects on the environment in a neighbouring state. To illustrate challenges and problems in transboundary consultation, two projects between Poland and Germany during 2004 and 2006 are presented and assessed. It appeared that, for successful transboundary consultation, there were some problems to be resolved, in particular the language problem and the complicated formal pathways for consultations. Further, the legal basis for transboundary consultation in Poland did not comply with EU requirements and was therefore recently amended.