Other international conventions

UN Convention of the Law of the Sea, UNCLOS 3.5.1

UNCLOS, under Article 79, sets out requirements related to submarine cables and pipelines on the continental shelf /1/. These entitle all States to lay submarine pipelines on the continental shelf subject to conditions which include requirements regarding the prevention and control of pollution from pipelines, due regard for other uses of the seabed including cables or pipelines already in position and consent of the delineation of the relevant coastal State.

According to UNCLOS, the countries through whose EEZs the pipelines pass (Russia, Finland, Sweden, Denmark and Germany) have the sovereign right and obligation for permitting NSP2

with due respect to the aspects stated above. They are all parties to UNCLOS and have implemented the necessary legislation for the territorial sea, the continental shelf and the EEZ.

UNCLOS sets the frame for the overall permitting of the part of NSP2 that is in the EEZs of the PoOs.

The Espoo Report constitutes the documentation of the possible environmental impacts of the project as required by Article 79, paragraph 2, of UNCLOS. The report is also relevant in connection with decommissioning of the pipelines, as outlined in Section 12.1.

International Convention for the Prevention of Pollution from Ships, MARPOL 73/78 3.5.2

The International Convention for the Prevention of Pollution from Ships (MARPOL 73/78 Convention) /2/ was developed by the International Maritime Organization (IMO) to preserve the marine environment through eliminating pollution by oil and other harmful substances and to minimise accidental spillage of such substances.

For the NSP2 project, the subcontractor management processes will require vessels working for the project to comply with the applicable provisions of the MARPOL Convention. This includes requirements for quality of discharged ballast water and oil spill prevention measures.

The MARPOL requirement in relation to the risk of accidental spills is addressed in Chapter 13 – Risk Assessment.

International Convention for the Control and Management of Ships' Ballast Water and 3.5.3

Sediments

Invasive aquatic species present a major threat to marine ecosystems, and shipping has been identified as a pathway for introducing species to new environments.

The Ballast Water Management (BWM) Convention /3/ aims to prevent the spread of harmful aquatic organisms from one region to another by establishing standards and procedures for the management and control of ships' ballast water and sediments. The BWM Convention was ratified on 8 September 2016 and will enter into force on 8 September 2017.

Compliance with the applicable provisions of the BWM Convention will be ensured as part of the subcontractor management processes of NSP2.

The BWM Convention is relevant in connection with non-indigenous species (NIS), as outlined in Section 10.6.8.

London Convention and Protocol on the Prevention of Marine Pollution by Dumping of 3.5.4

Wastes and Other Matter 1972

The objective of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 /4/ (also known as the London Convention) is to promote the effective control of all sources of marine pollution and to take all practicable steps to prevent pollution of the sea resulting from dumping of wastes and other matter.

In 1996, the London Protocol /5/ was agreed to further modernise the London Convention and, eventually, replace it. Under the protocol, all dumping of waste is prohibited, except for possibly acceptable wastes on the so-called reverse list. This list, which is included as Annex 1 of the London Protocol, includes e.g. dredged material; sewage sludge; inert, inorganic geological material (e.g. mining wastes); organic material of natural origin; and bulky items primarily comprising iron, steel, concrete and similarly unharmful materials.

The London Convention and Protocol are relevant in connection with decommissioning of the pipelines, as outlined in Section 12.1.

Bern Convention on the Conservation of European Wildlife and Natural Habitats 3.5.5

The Convention on the Conservation of European Wildlife and Natural Habitats /6/ (also known as the Bern Convention) came into force in 1982.

The Bern Convention aims to conserve wild flora and fauna and their natural habitats. Special attention is given to endangered and vulnerable species, including endangered and vulnerable migratory species specified in the appendices of the convention.

The safeguarding of flora and fauna in relation to NSP2 are addressed in Chapter 9 – Environmental baseline in the section on biological environment and in Chapter 10 – Assessment of environmental impacts, in the sections on impacts on the biological environment, which give particular focus (through their explicit consideration in the assessment criteria) to species that are endangered, vulnerable and migratory and to natural habitats.

Bonn Convention on the Conservation of Migratory Species of Wild Animals 3.5.6

The Convention on the Conservation of Migratory Species of Wild Animals /7/ (Bonn Convention or CMS Convention) is an intergovernmental treaty concluded under the United Nations Environment Programme. The CMS Convention aims to “conserve terrestrial, marine and avian migratory species throughout their range”. The convention facilitates the adoption of strict protection measures for endangered migratory species. Migratory species that need or would significantly benefit from international cooperation are listed in Appendix II of the CMS Convention.

Within the convention there are a number of agreements covering specific migratory species, including the Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas (ASCOBANS) of 1991.

The safeguarding of migratory species that may be affected by NSP2 is addressed in Chapter 9 – Environmental baseline, which gives particular focus (through their explicit consideration in the assessment criteria) to species that are listed in Appendix II of the CMS Convention and within ASCOBANS.

UN Convention on Biological Diversity 3.5.7

The UN Convention on Biological Diversity from 1992 /8/ is an international, legally binding treaty with three main goals: conservation of biodiversity, sustainable use of biodiversity and fair and equitable sharing of the benefits arising from the use of genetic resources. Its overall objective is to encourage actions that will lead to a sustainable future.

The concept of biodiversity embraces not only the variety of living organisms but also the genetic diversity within a species and the diversity of habitats and landscapes. Biodiversity and nature conservation were included as Article 15 of the revised Helsinki Convention (HELCOM) of 1992 (see also Sections 3.5.8 and 9.6.8).

Helsinki Convention, HELCOM 3.5.8

HELCOM /9/ entered into force on 17 January 2000 and covers the whole of the Baltic Sea area, including inland waters as well as the water of the sea itself and the seabed. Measures are also taken in the whole catchment area of the Baltic Sea to reduce land-based pollution.

The convention has a special focus on pollution of the Baltic Sea originating from many sources and introduced by anthropogenic sources.

The convention states the following with regard to EIAs (Article 7):

1. Whenever an environmental impact assessment of a proposed activity that is likely to cause a significant adverse impact on the marine environment of the Baltic Sea Area is required by international law or supra-national regulations applicable to the Contracting Party of origin, that Contracting Party shall notify the Commission and any Contracting Party which may be affected by a transboundary impact on the Baltic Sea Area.

2. The Contracting Party of origin shall enter into consultations with any Contracting Party which is likely to be affected by such transboundary impact, whenever consultations are required by international law or supra-national regulations applicable to the Contracting Party of origin.

3. Where two or more Contracting Parties share transboundary waters within the catchment area of the Baltic Sea, these Parties shall cooperate to ensure that potential impacts on the marine environment of the Baltic Sea Area are fully investigated within the environmental impact assessment referred to in paragraph 1 of this Article. The Contracting Parties concerned shall jointly take appropriate measures in order to prevent and eliminate pollution including cumulative deleterious effects.

The provisions of the HELCOM Convention have been addressed through compliance with the Espoo Convention.

Ramsar Convention 3.5.9

The Convention on Wetlands of International Importance (the Ramsar Convention) is an intergovernmental treaty that provides the framework for national action and international cooperation for the conservation of wetlands. The convention requires contracting parties to formulate and implement their planning so as to promote the conservation of wetlands and as far as possible the wise use of wetlands in their territory /10/.

Ramsar areas in relation to NSP2 are addressed in Sections 9.6.7 and 10.6.7.

Aarhus Convention 3.5.10

The Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters /11/ (Aarhus Convention) is about government accountability, transparency and responsiveness. The Aarhus Convention establishes a number of rights of the public (individuals and their associations) with regard to the environment. The parties to the convention are required to make the necessary provisions so that public authorities (at the national, regional or local level) will contribute to these rights to become effective, including access to environmental information, public participation in environmental decision-making and access to justice.

The Aarhus Convention is implemented by the EU through the Environmental Information Directive /14/ and the Public Participation Directive /15/. Provisions for public participation in environmental decision-making are furthermore to be found in a number of other environmental directives, such as the EU Strategic Environmental Assessment Directive /22/, the EU WFD (Section 3.4.3) and the EU EIA Directive (Section 3.3).