Transboundary EIA: Iberian experiences

Abstract

The 1314 km border shared by Portugal and Spain is simultaneously a conflict generator, due to joint access to common resources such as water, and a motive for transboundary cooperation in terms of development projects based on common concerns. Transboundary cooperation associated with Environment Impact Assessment (EIA) has been encouraged through the enactment of the Espoo Convention (1997). The European Union has adopted a Directive (97/11/CE Directive) under which taking transboundary impacts into consideration during EIA processes has become mandatory for member states. As a consequence, Portugal and Spain have approved related provisions. This paper aims to critically analyse the legal and procedural features of bilateral cooperation through the comparison of two case studies related to water management projects (the Sela and Alqueva dams). The paper highlights procedural weaknesses and puts forward a “Good Practice Model” for cooperation under transboundary EIA processes. The model focuses on the ways in which EIA-based bilateral cooperation should proceed through the specification of phases and procedures for collaboration between Portugal and Spain in the identification and evaluation of transboundary impacts, as well in the public participation procedures.