AARHUS

CONVENTION
Conven2on on Access to Informa2on, Public Par2cipa2on in Decision-Making and Access to Jus2ce in Environmental MaHers

By: Garcia, Alber2to Sy, Angelyn

Art 1. Objec2ve
In order to contribute to the protec2on of the right

of every person of present and future genera2ons to live in an environment adequate to his or her health and well-being, each Party shall guarantee the rights of access to informa2on, public par2cipa2on in decision-making, and access to jus2ce in environmental maHers in accordance with the provisions of this Conven2on.

Art 2. Deni2ons
Environmental informa2on means any

informa2on in wriHen, visual, oral, electronic or any other material form on: (a) The state of elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites, biological diversity and its components, including gene2cally modied organisms, and the interac2on among these elements;

Deni2ons
(b)

Factors, such as substances, energy, noise and radia2on, and ac2vi2es or measures, including administra2ve measures, environmental agreements, policies, legisla2on, plans and programmes, aec2ng or likely to aect the elements of the environment within the scope of subparagraph (a) above, and cost-benet and other economic analyses and assump2ons used in environmental decision-making;

Public authority means:
(a) Government at na2onal, regional and other level;

Deni2ons
(c) The state of human health and safety, condi2ons of

human life, cultural sites and built structures, inasmuch as they are or may be aected by the state of the elements of the environment or, through these elements, by the factors, ac2vi2es or measures referred to in subparagraph (b) below; Natural or legal persons performing public administra2ve func2ons under na2onal law, including specic du2es, ac2vi2es or services in rela2on to the environment;

*(b)

Art 3. General Provisions

1. Each Party shall take the necessary legisla2ve, regulatory and other measures, including measures to achieve compa2bility between the provisions implemen2ng the informa2on, public par2cipa2on and access-to-jus2ce provisions in this Conven2on, as well as proper enforcement measures, to establish and maintain a clear, transparent and consistent framework to implement the provisions of this Conven2on.

General Provisions
2. Each Party shall endeavour to ensure that ocials and authori2es assist and provide guidance to the public in seeking access to informa2on, in facilita2ng par2cipa2on in decision-making and in seeking access to jus2ce in environmental maHers. 3. Each Party shall promote environmental educa2on and environmental awareness among the public, especially on how to obtain access to informa2on, to par2cipate in decision-making and to obtain access to jus2ce in environmental maHers.

General Provisions
4. Each Party shall provide for appropriate recogni2on of and support to associa2ons, organiza2ons or groups promo2ng environmental protec2on and ensure that its na2onal legal system is consistent with this obliga2on. 5. The provisions of this Conven2on shall not aect the right of a Party to maintain or introduce measures providing for broader access to informa2on, more extensive public par2cipa2on in decision-making and wider access to jus2ce in environmental maHers than required by this Conven2on.

General Provisions
6. This Conven2on shall not require any deroga2on from exis2ng rights of access to informa2on, public par2cipa2on in decision-making and access to jus2ce in environmental maHers. 7. Each Party shall promote the applica2on of the principles of this Conven2on in interna2onal environmental decision-making processes and within the framework of interna2onal organiza2ons in maHers rela2ng to the environment.

General Provisions
8. Each Party shall ensure that persons exercising their rights in conformity with the provisions of this Conven2on shall not be penalized, persecuted or harassed in any way for their involvement. This provision shall not aect the powers of na2onal courts to award reasonable costs in judicial proceedings. 9. Within the scope of the relevant provisions of this Conven2on, the public shall have access to informa2on, have the possibility to par2cipate in decision-making and have access to jus2ce in environmental maHers without discrimina2on as to ci2zenship, na2onality or domicile and, in the case of a legal person, without discrimina2on as to where it has its registered seat or an eec2ve centre of its ac2vi2es.

ART. 4 ACCESS TO ENVIRONMENTAL INFORMATION

EACH PARTY SHALL:

ENSURE

That public authori2es, in response to a request for environmental informa2on, make such informa2on available to the public including copies of actual documenta2on containing such informa2on:
Without an interest having to be stated; In the form requested unless:

It is reasonable for the public authority to make it available in another form, in which case reasons shall be given for making it available in that form; or The informa2on is already publicly available in another form.

Availability
as soon as possible at the latest within one month aier the request has

been submiHed,
unless

the volume and the complexity of the informa2on jus2fy an extension of this period up to two months aier the request. The applicant shall be informed of any extension and of the reasons jus2fying it.

Refusal to Access
The public authority to which the request is addressed

does not hold the environmental informa2on requested; in too general a manner; or

The request is manifestly unreasonable or formulated

The

request concerns material in the course of comple2on or concerns internal communica2ons of public authori2es where such an exemp2on is provided for in na2onal law or customary prac2ce, taking into account the public interest served by disclosure.

Refusal to Access: Adversely Aect

Conden2ality of the proceedings of public authori2es,

where such conden2ality is provided for under na2onal law; rela2ons, na2onal defense or public

Interna2onal

security;

The course of jus2ce, the ability of a person to receive a

fair trial or the ability of a public authority to conduct an enquiry of a criminal or disciplinary nature;

Refusal to Access: Adversely Aect

The

conden2ality of commercial and industrial informa2on.

Intellectual property rights; Conden2ality of personal data and/or les rela2ng to

a natural person No consent given

Refusal to Access: Adversely Aect

The

interests of a third party which has supplied the informa2on requested without that party being under or capable of being put under a legal obliga2on to do so, and where that party does not consent to the release of the material; or; as the breeding sites of rare species.

The environment to which the informa2on relates, such

Refusal to Access
Shall

be in wri2ng if request was in wri2ng or the applicant so requests

Shall state the reasons and give informa2on on access

to the review procedure provided for in accordance with ar2cle 9 .

Shall be made as soon as possible and at the latest

within one month, unless the complexity of the informa2on jus2es an extension of this period up to two months aier the request

Duty of Public Authority

If

the public authority does not hold the environmental informa2on requested, he shall:
as promptly as possible, inform the applicant of the

public authority to which it believes it is possible to apply for the informa2on requested or transfer the request to that authority and inform the applicant accordingly.

Access to Informa2on: Fees

Each Party may allow its public authori2es to

make a charge for supplying informa2on, but such charge shall not exceed a reasonable amount.

ART. 5 COLLECTION AND DISSEMINATION

EACH PARTY SHALL ENSURE THAT: Public authori2es possess and update environmental

informa2on

Mandatory systems are established In the event of any imminent threat to human health or
the environment
all informa2on which could enable the public to take measures
to prevent or mi2gate harm arising from the threat and is held by a public authority is disseminated immediately and without delay to members of the public who may be aected.

EACH PARTY SHALL ENSURE THAT:

Informa2on
Providing sucient informa2on
type and scope

is transparent and eec2vely accessible, inter alia, by:

Establish and Maintain prac2cal arrangements
publicly accessible lists, registers or les Require ocials to support the public Iden2ca2on of points of contact

Provide access to the lists, registers or les

EACH PARTY SHALL:

T A K E

M E A S U R E S F O R T H E P U R P O S E O F DISSEMINATING, INTER ALIA:

Legisla2on and policy documents
Strategies Policies Programs Ac2on plans

Interna2onal trea2es, conven2ons and agreements Other signicant interna2onal documents

EACH PARTY SHALL:

PUBLISH

ENCOURAGE OPERATORS
With signicant impacts to inform public regularly Facts and its analyses Explanatory materials Informa2on on performance

DEVELOP
Mechanisms to ensure sucient product informa2on

is made available

EACH PARTY SHALL:

ESTABLISH
Na2onwide

system of pollu2on inventories or registers on a structured, computerized and publicly accessible database compiled through standardized repor2ng

ART 6: PUBLIC PARTICIPATION IN DECISIONS ON SPECIFIC ACTIVITIES

 1. Each Party:
(a) Shall apply the provisions of this ar2cle with respect to decisions on

whether to permit proposed ac2vi2es listed in annex I; (b) Shall, in accordance with its na2onal law, also apply the provisions of this ar2cle to decisions on proposed ac2vi2es not listed in annex I which may have a signicant eect on the environment. To this end, Par2es shall determine whether such a proposed ac2vity is subject to these provisions; and (c) May decide, on a case-by-case basis if so provided under na2onal law, not to apply the provisions of this ar2cle to proposed ac2vi2es serving na2onal defense purposes, if that Party deems that such applica2on would have an adverse eect on these purposes.

 2. The public concerned shall be informed, either by public

no2ce or individually as appropriate, early in an environmental decision-making procedure, and in an adequate, 2mely and eec2ve manner, inter alia, of: The public par2cipa2on procedures shall include reasonable 2me-frames for the dierent phases, allowing sucient 2me for informing the public in accordance with paragraph 2 above and for the public to prepare and par2cipate eec2vely during the environmental decision- making.

3.

 4.

Each Party shall provide for early public par2cipa2on, when all op2ons are open and eec2ve public par2cipa2on can take place. Each Party should, where appropriate, encourage prospec2ve applicants to iden2fy the public concerned, to enter into discussions, and to provide informa2on regarding the objec2ves of their applica2on before applying for a permit.

5.

 6.

Each Party shall require the competent public authori2es to give the public concerned access for examina2on, upon request where so required under na2onal law, free of charge and as soon as it becomes available, to all informa2on relevant to the decision-making referred to in this ar2cle that is available at the 2me of the public par2cipa2on procedure, without prejudice to the right of Par2es to refuse to disclose certain informa2on in accordance with ar2cle 4, paragraphs 3 and 4.

 The

relevant informa2on shall include at least, and without prejudice to the provisions of ar2cle 4:
(a) A descrip2on of the site and the physical and technical characteris2cs of the proposed ac2vity, including an es2mate of the expected residues and emissions; (b) A descrip2on of the signicant eects of the proposed ac2vity on the environment; (c) A descrip2on of the measures envisaged to prevent and/or reduce the eects, including emissions; (d) A non-technical summary of the above; (e) An outline of the main alterna2ves studied by the applicant; and (f) In accordance with na2onal legisla2on, the main reports and advice issued to the public authority at the 2me when the public concerned shall be informed in accordance with paragraph 2 above.

 7. Procedures for public par2cipa2on shall allow the

public to submit, in wri2ng or, as appropriate, at a public hearing or inquiry with the applicant, any comments, informa2on, analyses or opinions that it considers relevant to the proposed ac2vity. account is taken of the outcome of the public par2cipa2on.

8. Each Party shall ensure that in the decision due

9. Each Party shall ensure that, when the decision has been taken by the public authority, the public is promptly informed of the decision in accordance with the appropriate procedures. Each Party shall make accessible to the public the text of the decision along with the reasons and considera2ons on which the decision is based. 10. Each Party shall ensure that, when a public authority reconsiders or updates the opera2ng condi2ons for an ac2vity referred to in paragraph 1, the provisions of paragraphs 2 to 9 of this ar2cle are applied muta2s mutandis, and where appropriate. 11. Each Party shall, within the framework of its na2onal law, apply, to the extent feasible and appropriate, provisions of this ar2cle to decisions on whether to permit the deliberate release of gene2cally modied organisms into the environment.

ART. 7: PUBLIC PARTICIPATION CONCERNING PLANS, PROGRAMS, AND POLICIES RELATING TO THE ENVIRONMENT

 Each Party shall make appropriate prac2cal and/or other

provisions for the public to par2cipate during the prepara2on of plans and programs rela2ng to the environment, within a transparent and fair framework, having provided the necessary informa2on to the public. Within this framework, ar2cle 6, paragraphs 3, 4 and 8, shall be applied. The public which may par2cipate shall be iden2ed by the relevant public authority, taking into account the objec2ves of this Conven2on. To the extent appropriate, each Party shall endeavor to provide opportuni2es for public par2cipa2on in the prepara2on of policies rela2ng to the environment.

ART 8: PUBLIC PARTICIPATION DURING THE PREPARATION OF EXECUTIVE REGULATIONS AND/OR GENERALLY APPLICABLE LEGALLY BINDING NORMATIVE INSTRUMENTS

 Each Party shall strive to promote eec2ve public

par2cipa2on at an appropriate stage, and while op2ons are s2ll open, during the prepara2on by public authori2es of execu2ve regula2ons and other generally applicable legally binding rules that may have a signicant eect on the environment. To this end, the following steps should be taken:

(a) Time-frames sucient for eec2ve par2cipa2on should be xed; (b) Drai rules should be published or otherwise made publicly available; and (c) The public should be given the opportunity to comment, directly or through representa2ve consulta2ve bodies. The result of the public par2cipa2on shall be taken into account as far as possible.

ART. 9 ACCESS TO JUSTICE

EACH PARTY SHALL:

ENSURE
That public has access to a review procedure before a

court of law whenever request was:

Ignored Wrongfully refused

In part or in full, inadequately answered Not dealt in accordance with the provisions

That

access is free of charge or inexpensive for reconsidera2on That members having sucient interest or maintaining impairment of a right have access to a review procedure

EACH PARTY SHALL:

ENSURE
That members of the public has access to a review

procedure to challenge acts and omissions by private persons and public authori2es Procedures shall provide adequate and eec2ve remedies, including injunc2ve relief as appropriate, and be fair, equitable, 2mely and not prohibi2vely expensive.
Decisions under this ar2cle shall be given or recorded in

wri2ng. Decisions of courts, and whenever possible of other bodies, shall be publicly accessible.