La valutazione di impatto ambientale nell'Accordo BBNJ tra valutazioni equivalenti, soglie e standard

The Environmental Impact Assessment (EIA) procedure introduced by the Treaty on Marine Biodiversity Beyond National Jurisdiction (High Seas Treaty/BBNJ) aims to assess the possible adverse impacts on the marine environment of areas beyond national jurisdiction, resulting from activities planned both within and beyond national jurisdiction, provided that these activities are under the jurisdiction or control of States Parties. To facilitate the coordinated management of the complex phases of environmental impact assessment, the BBNJ EIA procedure is characterised by a high level of detail, including the development of applicable thresholds and standards. This contribution first focuses on the «equivalent assessment» in Art. 29(4), which concerns the relationship between the BBNJ EIA and the EIA already undertaken under «other relevant regimes». Furthermore, it offers reflections on the issue of accountability for breaches of EIA obligations. Both aspects reflect the challenges faced by the BBNJ in balancing the principle of freedom of the high seas and state sovereignty, while also promoting the collaborative management of the marine biodiversity of the high seas.