Transcript Slide 1

Capacity building workshop on environment and health
Public participation and the right to know:
Aarhus Convention and PRTR Protocol
Monica Guarinoni
Sofia, 1-2 December 2005
Aarhus Convention
Access to Information, Public Participation in Decision-Making
and Access to Justice regarding Environmental Matters
Objective
¨contribute to the protection of the right of every person
of present and future generations to live in an
environment adequate to his or her health and wellbeing¨ by guaranteeing the right of access to information,
public participation in decision-making and access to justice.
Aarhus Convention
Geographical scope
Yellow:
countries that
have ratified
(+EC, UK,
Sweden,
Austria,
Netherlands,
Spain)
Blue:
countries that
have signed
but not ratified
yet
Aarhus Convention
The three pillars
Access to Information
(active or passive)
= the ¨Right to Know¨
in decisions on specific
projects or activities
Public
Participation
concerning plans,
programmes and
policies
Access to justice
In preparation of executive
regulations and/or legally
binding instruments with an
impact on the environment
First pillar:
Access to information
Passive: obligation on public authorities to respond to public
requests for information.
Exempt categories (e.g. national defence, international relations, public security, the course of
justice, commercial confidentiality, intellectual property rights, personal privacy etc.)
Active: obligation on public authorities to provide
environmental information pro actively
e.g. through dissemination of plans, policy documents, reports, etc., and PRTRs
Public authorities: governmental bodies from all sectors and at all levels
(national, regional, local, etc.), and bodies performing public administrative
functions.
Second pillar:
Public participation
in environmental decision-making
Public authorities shall involve the public in an environmental decision-making
procedure on:
•Specific projects or activities
•Plans, programmes and policies
•Regulations and/or legally binding normative instruments
Public concerned: 'the public affected or likely to be affected by, or having an interest
in the environmental decision-making', and explicitly includes NGOs promoting
environmental protection
Third pillar
Access to justice in environmental matters
•Access to information appeals
•Public participation appeals
•General violations of environmental law
Aarhus Convention
Second Meeting of the Parties (25-27 May 2005)
Main issues at stake for NGOs:
1) Inclusion of GMO-related decision-making in the Convention
2) Adoption of Guidelines on Public Participation in International
Forums (Almaty Guidelines)
Task Force on Public Participation in International Forums
3) Access to justice
Task Force on Access to Justice
4) First implementation reports by Parties including the experience with
NGOs and other stakeholders
http://www.unece.org/env/pp/reports%20implementation.ngo.htm
The right to know about sources of pollution:
Protocol on Pollutant Release and Transfer Registers
The objective of the Protocol is to enhance public access to
information through the establishment of coherent,
nationwide pollutant release and transfer registers
(PRTRs).
www.eper.cec.eu.int
www.eper.cec.eu.int
www.eper.cec.eu.int
www.eper.cec.eu.int
www.eper.cec.eu.int
www.eper.cec.eu.int
Aarhus Convention in the EU
(ratified in February 2005)
According to Article 175 of the Treaty establishing the European
Community, the European Community is competent for entering into
international agreements which contribute to the pursuit of the
following objectives:
•preserving, protecting and improving the quality of the
environment;
•protecting human health;
•prudent and rational utilisation of natural resources;
•promoting measures at international level to deal with
regional or world-wide environmental problems.
Aarhus Convention in the EU
Legislation
Access to information
Publi c Participation
Access to Justice
1-Directed to
Member States
Directive 2003/4/EC on public
access ot env ironmental
inf ormation.
Directive
2003/35/EC
providing for public
participation in respect
of the dr awing up of
certain
plans
and
programmes relating to
the environment.
Status: Final date f or
implementation
in
Member States 25 June
2005
Proposal for a directive
of
the
European
Parliament and of t he
Council on access to
justice in environmental
matters (presented by
the Commission) Status: ongoing
Status: Entered into force in
Member States on 14
February 2005
2- Directed to
EU Institutions
Proposal for a Regulation of the European Parliament and of the Council on the
application of the provisions of the Aarhus Conv ention on Access to nf
I ormation, Public
Participation in Decision-making and Access ot Justice in Env ironmental Matters to EC
institutions and bodies (presented by the Commission)
Status: ongoing
Regulation on the application of
Aarhus provisions to EU institutions
(I)
Co-decision procedure:
• Proposal by the European Commission (2003)
• First reading by the European Parliament (March 2004) and
Council (July-August 2005)
• Second reading by the European Parliament -- just started
with debate in the ENVI Committee
Regulation on the application of Aarhus
provisions to EU institutions
(II)
• Environmental and health NGOs (Green 10) letter and
voting recommendations to MEPs in the ENVI Committee
• CEFIC (Chemical Industry Federation) letter and voting
recommendations
• Green 10 press release after the vote
• Next steps:
- Vote of the EP in plenary
- Second reading by the Council
- If no agreement -- Conciliation Committee (Third reading)
Director General
To the Members of the EP Environment
Committee
18 November 2005
Aarhus-Regulation Second Reading – Vote on 22 November in the ENVI Committee
Dear Member of the European Parliament,
Your Committee will vote next Tuesday morning on MEP Korhola’s Draft Recommendation for
second reading on the Council common position regarding the draft regulation for adopting the
Aarhus Convention with regard to the EU institutions.
The Aarhus-Regulation aims to encourage access to information, public participation and access to
justice in environmental matters. The crucial point is to find the right balance between a desirable
enhanced involvement of the public in environmental matters on the one hand and the legitimate
interest of the legislator to take decisions autonomously and flexibly. A too bureaucratic system will
endanger the benefits which the Aarhus Convention is supposed to deliver to the environment.
We believe that the Council common position has found this balance. MEP Korhola’s
resolution improves this common position further whereas the majority of amendments
introduced by other MEP’s aim to weaken the achieved result by re-tabling too far-reaching
possibilities for access to information and justice.
We support all the amendments from your rapporteur since they align the right of the public to
access to information and to justice to what is foreseen under the Aarhus Convention (particularly
amendments 3, 8, 13, 14, 15). Europe should achieve but not over-achieve!
We do not support the other amendments since they aim to create a system of permanent
derogation from the EC Treaty which cannot be justified. The Treaty treats all European citizens and
organizations alike and has developed a balanced and fine-tuned system of access to proceedings
before the European Court of Justice. Changes of this system can only be introduced by amending
the EC Treaty directly – and not via the backdoor of secondary legislation. Allowing a broad access
to justice means to overstretch the limits of the Aarhus Convention and of the EC Treaty. We
therefore particularly oppose amendments 39, 45, 46, 47.
I hope that you can support our views and vote for a balanced implementation of the Aarhus
Regulation. In the interest of a workable and proportionate legislation, we ask you to support
your rapporteur. Please find our proposed voting list attached.
Thank you in advance,
Yours sincerely,
Alain Perroy
(original signed, sent electronically)
Chemistry making a world of difference
European Chemical Industry Council
Avenue E. van Nieuwenhuyse 4 B - 1160 Brussels Belgium Tel: +32 2 676 72 11 Fax: +32 2 676 73 01 [email protected] www.cefic.org
Next opportunities for input:
How to get involved
•Winter-Spring 2006: Consultation on Guidelines on Public
Participation in International Forums (PoC)
•16-17 February 2006: Task Force on Access to Justice
•17-19 May 2006: Working Group on Pollutant Release and
Transfer Registers
• Workshop “Civic Successes and Challenges in the
Implementation of the Aarhus Convention” in partnership
with CEPL
•Publication “What We Can Do: Civic Implementation of the
Aarhus Convention” in partnership with CEPL
Thank you for your attention!
Monica Guarinoni
EPHA Environment Network (EEN)
Rue d’Arlon 39-41
1000 Brussels (Belgium)
Tel: 0032 2 233 3875
Fax: 0032 2 233 3880
Email: [email protected]
Website: www.env-health.org