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Direzione Generale per lo Sviluppo Sostenibile
The Aarhus Convention


Francesco La Camera Ministry of Environment,
Italy Chairman of the Aarhus Convention
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Direzione Generale per lo Sviluppo Sostenibile
The Aarhus Convention

Convention on Access to Information, Public
Participation in Decision-Making and Access to
Justice in Environmental Matters
Signed on 25th June 1998 in the Danish city of
Aarhus by 39 Members States of the UN-ECE and by
the European Community. Entered into force on
30 October 2001 (16th ratification). The First
Meeting of the Parties will be held in Italy from
21 to 23 October 2002.
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Direzione Generale per lo Sviluppo Sostenibile
Regional scope the UNECE (Economic Commission
for Europe)

One of the 5 Regional Commissions of the UN -
Set-up by the ECOSOC

• The UNECE region 47 million square kilometres,
  55 Countries of
• Europe (E.U., NIS, Central-Eastern Europe),
• North America (Canada and US),
• Central Asia (Kazakhstan, Kyrgyzstan, Tajikistan,
  Turkmenistan and Uzbekistan),
• Western Asia (Israel).

   
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Direzione Generale per lo Sviluppo Sostenibile
The Aarhus Convention List of Countries
(Parties in bold)

  SPAIN  SWEDEN SWITZERLAND  TAJIKISTAN  THE FYR
OF MACEDONIA  TURKMENISTAN  UKRAINE  UNITED
KINGDOM
ICELAND IRELAND  ITALY  KAZAKHSTAN  KYRGYZSTAN  LA
TVIA LIECHTENSTEI  LITHUANIA  LUXEMBOURG  MALTA  M
ONACO  NETHERLANDS  NORWAY  POLAND  PORTUGAL  REP
OF MOLDOVA  ROMANIA SLOVENIA    
ALBANIA  ARMENIA  AUSTRIA  AZERBAIJAN  BELARUS  BE
LGIUM  BULGARIA  CROATIA  CYPRUS  CZECH
REPUBLIC  DENMARK  ESTONIA  EUROPEAN
COMMUNITY  FINLAND  FRANCE  GEORGIA  GERMANY  GREE
CE  HUNGARY   
40 Signatories 22 Parties Parties are expected
to increase in time for the MOP
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Direzione Generale per lo Sviluppo Sostenibile
OPENING TOWARDS NON PARTIES/OTHER REGIONS
SIGNATURE The Convention is open for signature
not only by States members of the UN/ECE, and
their regional economic integration
organizations, but also by States having
consultative status with the ECE. Furthermore,
any other State, that is a Member of the United
Nations may accede to the Convention upon
approval by the Meeting of the Parties (art. 17,
19).

MOPs Any State or regional economic integration
organization entitled to sign the Convention but
which is not a Party (as well as NGOs) ,and any
intergovernmental organization qualified in the
fields to which this Convention relates, are
entitled to participate as observers in the
meetings of the Parties (art.10).
PRTR The Protocol on Pollutant Release and
Transfer Registers, currently under preparation
will be open for accession by non-ECE countries
and non-Parties (CEP Decision). Consequently,
Parties to the Protocol could be different from
Parties to the Convention.
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Direzione Generale per lo Sviluppo Sostenibile

• Kofi Annan has defined the Convention
• THE MOST IMPRESSIVE ELABORATION OF PRINCIPLE 10
• THE MOST AMBITOUS VENUE IN THE AREA OF
  ENVIRONMENTAL DEMOCRACY

• The first legally binding instrument
  implementing Principle 10 of the Rio Declaration
  (1992)
• (Environmental issues are best handled with the
  participation of all concerned citizens, at the
  relevant level. At the national level, each
  individual shall have appropriate access to
  information concerning the environment that is
  held by public authorities, including information
  on hazardous materials and activities in their
  communities, and the opportunity to participate
  in decision-making processes. States shall
  facilitate and encourage public awareness and
  participation by making information widely
  available. Effective access to judicial and
  administrative proceedings, including redress and
  remedy, shall be provided).
• A key step in the area of Environmental
  democracy and in the process of integrating
  human rights and environmental issues it
  provides effective means for the exercise of
  procedural rights in the field of the
  environment.

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Direzione Generale per lo Sviluppo Sostenibile
The three pillars of the ENVIRONMENTAL DEMOCRACY


ACCESS TO ENVIRONMENTAL INFORMATION Increasing
public awareness of environmental issues in order
to produce more environmentally-friendly
behaviours facilitate the public participation
in the decision making process. PUBLIC
PARTICIPATION in ENVIRONMENTAL DECISION
MAKING Strengthening the transparency of
decision-making and giving the public the
opportunity to express their concerns, in order
to enhance democracy and to improve the quality
and legitimacy of decisions . ACCESS TO
JUSTICE Ensuring the enforcement of the
environmental rights by giving the public the
concrete possibility to challenge decisions
before the courts.
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Direzione Generale per lo Sviluppo Sostenibile
The three pillars in the Aarhus Convention

• Access to Environmental Information
  (ActivePassive)
• Passive information (art.4) the right for the
  public to access to information held by public
  authorities. Deadlines for providing information,
  and exceptions are foreseen. Access may be
  refused in three cases
• the public authority does not hold the requested
  information
• the request is manifestly unreasonable or
  formulated in too general a manner
• the request concerns material in the course of
  completion.
• on grounds of confidentiality of the proceedings
  of public authorities, national defence and
  public security, to further the course of justice
  or to respect the confidentiality of commercial
  and industrial information, intellectual property
  rights and the confidentiality of personal data.
  (all these grounds for refusal must be
  interpreted in a restrictive way, taking into
  account the public interest served by disclosure
  of the information).
• Public authorities must keep the
  information they hold up to date, and to this end
  establish publicly accessible lists, registers
  and files. The use should be promoted of
  electronic databases containing reports on the
  state of the environment, legislation, national
  plans and policies and international conventions.
• Active information (art.5) dissemination of
  information.

.
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Direzione Generale per lo Sviluppo Sostenibile

2. Public Participation in Decision-making (next
slide) In decisions on specific
activities.(art.6) In plans, programs, policies
and legislation (art 7 and 8).
3. Access to justice (art.9) All persons who feel
their rights to access to information have been
impaired (request for information ignored,
wrongfully refused, inadequately answered) must
have access, in the appropriate circumstances, to
a review procedure under national
legislation. Access to justice is also ensured in
the event of the Convention's participation
procedure being infringed. Access to justice is
also allowed for the settlement of disputes
relating to acts or omissions by private persons
and public authorities which contravene
provisions of national law relating to the
environment.
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Direzione Generale per lo Sviluppo Sostenibile
PUBLIC PARTICIPATION in Environmental
Decision-Making (2nd Pillar)

• In decisions permitting activities which may
  have a significant effect on the environment
  (art.6, usually implemented in the framework of
  Environmental Impact Assessment procedure).

• In the preparation of plans, programmes, and
  policies relating to the environment (art. 7),
  and in the preparation of regulations and
  normative instruments (art. 8) that may have a
  significant effect on the environment. SOFTER
  LANGUAGE Each Party shall make appropriate
  practical and/or other provisions for the public
  to participate during the preparation of plans
  and programmes To the extent appropriate, each
  Party shall endeavour to provide opportunities
  for the public participation in the preparation
  of policies... These provisions should be taken
  into account in the negotiations of the Protocol
  on SEA - Strategic Environmental Assessment
  under the UNECE Espoo Convention - to be adopted
  in Kiev, May 2003.

• In international fora Each Party shall promote
  the application of the principles of this
  Convention in international environmental
  decision-making processes and within the
  framework of international organizations in
  matters relating to the environment (art 3. 7).
  Task force has been established to analyse and
  possibly prepare guidelines to be adopted in
  Kiev, May 2003

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Direzione Generale per lo Sviluppo Sostenibile

• RELATION BETWEEN ACCESS TO INFORMATION AND PUBLIC
  PARTICIPATION
• The public can participate in decision-making
  only if adequately informed.
• art.6.2 The public must be informed, early in
  the decision-making procedure, of the following
• the matter on which the decision is to be taken
• the nature of the decision
• the authority responsible
• the envisaged procedure.
• The procedural time-frames must be reasonable and
  allow for genuine public participation.

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Direzione Generale per lo Sviluppo Sostenibile
PUBLIC PARTICIPATION in the activities of the
Conv. itself

• MEETINGS NGOs qualified in the field to which
  the Convention relates (i.e. promoting
  environmental/HR protection) play an active role
  in all meetings and working groups under the
  Convention. They are entitled to participate as
  observers (art. 10.5). The MOPs shall be open to
  members of the public (ROP).
• BUREAU NGOs participation in the Bureau The
  Bureau shall invite a representative of NGO
  promoting environmental protection and
  sustainable development to attend the Bureau
  meetings as an observer. It is a precedent in
  international fora.
• COMPLIANCE NGOs have the possibility to
  nominate or be members of the compliance
  committee. Communications may be brought by the
  public. The reporting is made available to the
  public.
• MOP1 NGOs representative will be invited as
  key-note speaker in the high-level panel
  discussionNGO conference and side event expected.

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Direzione Generale per lo Sviluppo Sostenibile
The First Meeting of the Parties of the Aarhus
Convention (hosted by Italy)
MOP1

Where?
In the nice medieval town of Lucca, in Tuscany
When?
From 21 to 23 October 2002.
What will be happening?

• High-level panel discussion (1st day) on the
  theme Making Aarhus Work involving Ministers,
  top UN and EU officials and representatives of
  NGOs
• Adoption of a Ministerial Declaration
• Adoption of decisions in order to integrate or
  specify some Conventions provisions
• Side event on electronic information tools,
  proposed by the the NGO IHEAL (Interactive Health
  and Ecology Access Links) and UNEP/GRID
• NGOs pre-conference (19-20 october).

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Direzione Generale per lo Sviluppo Sostenibile
Issues to be addressed at MOP1 (Results of the
activities of the ad-hoc working groups
established)

• PROCEDURAL ISSUES
• Rules of procedures and Compliance mechanism
  (Communications from the public NGOs member in
  the Compliance Committee NGOs in the Bureau
  meetings),
• Reporting (intended to inform also the public
  possibility to report also for NGOs and IGOs
  active in implementing the Convention),
• Clearing-house mechanism (facilitating the match
  between project proposals concerning the
  implementation of the Convention and potential
  financing possibilities collecting and
  disseminating information).

• .

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Direzione Generale per lo Sviluppo Sostenibile
2. SUBSTANTIAL ISSUES (To be addressed in MOP1,
October 2002)

• PRTR According to art.5.9 of the Convention,
  Parties shall establish a system of pollution
  inventories or registers on a computerized and
  publicly accessible database. A protocol on
  pollutant release and transfer registers (PRTR)
  is under preparation, to be adopted in Kiev, May
  2003.
• GMOs According to art.6.11, Parties shall apply
  the provisions on public participation to
  decisions on whether to permit the deliberate
  release of genetically modified organisms (GMOs)
  into the environment.
• The application of the Convention to GMOs should
  be further developed
• The MOP will adopt Guidelines on access to
  information, public participation in
  decision-making and access to justice with
  respect to GMOs and will give the mandate to a WG
  to explore the possibility of a binding
  instrument to be developed (Protocol or
  amendments)

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Direzione Generale per lo Sviluppo Sostenibile

• Access to justice a handbook on case studies and
  best practices will be presented in Lucca
• Electronic information tools The Convention
  states that environmental information should be
  available in electronic data-bases which are
  easily accessible to the public (art.5.3). A TF
  will be in charge to document and share best
  practices, analyse mechanisms and draft
  recommendations. Side event.
• Public participation in international fora An
  analysis is being carried out by a TF. It could
  be the basis for guidelines.

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Direzione Generale per lo Sviluppo Sostenibile
The three principles in the Johannesburg Summit
(WSSD, 26 Aug - 4 Sept) RIO 10

• The WSSD outcomes
• Plan of Implementation
• Political Declaration
• List of partnerships

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Direzione Generale per lo Sviluppo Sostenibile

IN DETAILS The Declaration We, the
representatives of the peoples of the world,
assembled at the World Summit on Sustainable
Development in Johannesburg, recognize
sustainable development requires a long-term
perspective and broad-based participation in
policy formulation, decision-making and
implementation at all levels. As social partners
we will continue to work for stable partnerships
with all major groups respecting the independent,
important roles of each of these (26).
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Direzione Generale per lo Sviluppo Sostenibile

• IN DETAILS The Plan of Implementation
• States should
• Ensure access, at the national level, to
  environmental information and judicial and
  administrative proceedings in environmental
  matters, as well as public participation in
  decision-making, so as to further principle 10 of
  the Rio Declaration on Environment and
  Development, taking into full account principles
  5, 7 and 11 of the Declaration (par 119ter).
• At national level Promote public
  participation, including through measures that
  provide access to information regarding
  legislation, regulations, activities, policies
  and programmes. They should also foster full
  public participation in sustainable development
  policy formulation and implementation. Women
  should be able to participate fully and equally
  in policy formulation and decision-making(146).
• Enhance partnerships between governmental and
  non-governmental actors on programmes and
  activities for the achievement of sustainable
  development at all levels (par 150).
• Acknowledge the consideration being given to the
  possible relationship between environment and
  human rights, including the right to development,
  with full and transparent participation of Member
  States of the United Nations and observer States
  (par 152).

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Direzione Generale per lo Sviluppo Sostenibile

The result there is general willingness to
re-affirm principles of environmental democracy,
especially in the form of partnerships between
governments, business and civil society, everyone
contributing to create a sustainable future.
One regret The invitation to develop, at
international level, guidelines on public access
to information, public participation and access
to justice, proposed by the EU during the
negotiations, has been not been adopted.