Mara SilinaEuropean Environmental Bureau (EEB)

* * *EU Environmental approximation in the WB andTurkey-

ETNAR Conference

24th to 26th September 2013 in Palic, Serbia“

The Aarhus Convention and its use in environmental campaigning

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Points I will try to cover are

1. European Environmental Bureau – who we are and what we do

2. Access to Information, Public Participation and Access to Justice under the Aarhus Convention

2. The Aarhus Convention at the EU level

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The European Environmental Bureau (EEB)

h the largest federation of environmental citizens’ organisations in Europe

h More than 140 member organisations based in EU Member States and increasingly in candidate and potential candidate countries as well as in a few neighbouring countries with more than 15 million members and supporters

• Created in 1974 with the purpose to represent its members’ interests vis-à-vis the EU institutions

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European Environmental Bureau/EEB

Our mission statement:EEB is the environmental voice of European

citizens, standing for environmental justice, sustainable development and participatory democracy. We want the EU to ensure all

people a healthy environment and rich biodiversity.

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The European Environmental Bureau (EEB)h The aim of the EEB is to protect and improve the

environment of Europe and to enable the citizens of Europe to play their role in achieving this goal

h EEB’s specific mission is to promote strong environmental policies and sustainable development on the EU level and outside

• Integrate environmental concerns into other policy areas• Provide a focal point for its members to monitor and

respond to EU policies• Provide services to its members in form of information,

representation vis-à-vis EU institutions and coordination of campaigns

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Main areas of activities: Agriculture; Air Pollution Biodiversity and Nature Chemicals Ecolabel; Ecological Product Policy; Energy Efficiency;

Environmental Fiscal reform; Industry Nanotechnology; Natural Resources; Noise Soil; Waste; Water; Zero mercury campaign (global) Legal issues (Law group) and much more …

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Main areas of activities:Horizontal issues:• Implementation of the 6th Environmental Action

Programme (6EAP) & preparation of&for 7th EAP• Sustainable Development• The Aarhus Convention (UNECE and EU level)• Environmental Policy Integration• Good Governance –democratisation and public

participation• Enforcement (= implementation and application of the

EU legislation)• Enlargement and South East Europe• EU Treaties • Europe in the Wider World (Environment for Europe,

MEDA etc.)

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Cooperation with others – coalitions, networking…h EEB is part of the Spring Alliance (Social Platform,

Human Rights and Development NGOs and European Trade Unions Confederation (ETUC) aimed to revitalise the Lisbon process = EU 2020 Strategy)

h EEB is part of Green 10h Green Budget Europe h ECOSh Justice and Environment networkh EEB is part of the European ECO Forum in UNECE

« Environment for Europe » process(es) which also includes the Aarhus Convention

h ….and more

The EEB in the EU net

EEB

Members

NationalGovernments &

Parliaments

The Public

Media

EU Institutions:Commission, EP,

Council

Other Organisations:Social, Consumer,Trade Unions, …

Industry

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The EEB and the Aarhus Convention

h The EEB is one of the leading organisations in the work on the Aarhus Convention

h The EEB works in the framework of the European ECO Forum, an ad hoc coalition of more than 200 Environmental Citizens’ Organisations from the UNECE region, created in 1993 to follow up on the UN Environment for Europe process

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THE AARHUS CONVENTIONUNECE Convention on Access to Information, Public Participation in

Decision-making and Access to Justice in Environmental Matters

* * *

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THE AARHUS CONVENTION Most unconventional Conventionh Unique among MEAs in the extent to which it

seeks to guarantee procedural rights of the public

h A treaty less about Party-to-Party relations, more about the relations between governments and civil society

h Unprecedented involvement of NGOs both in the negotiations and implementation of the Convention

h Big political impact in countries with less democratic traditions (EECCA but not only)

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THE AARHUS CONVENTION (1)

Origin and evolution of the Conventionh June 1992 – Principle 10 of Rio Declarationh October 1995 – UNECE Guidelines on Access to

Environmental Information and Public Participation in Decision-making (Sofia Guidelines) adopted

h 1996-1998 – negotiations of the draft Conventionh 25 June 1998 – adoption of the Convention in Aarhus.

Signed by 39 countries and the European Communityh October 30th, 2001 – entry into force h Meetings of Parties to the Convention (4)

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THE AARHUS CONVENTION (2)

Status of ratification – total 46 Partiesh 28 EU countries h 5 South-East Europe countries (Albania,

Macedonia, Bosnia and Herzegovina, Montenegro, Serbia)

h 10 EECCA countries but Russia and Uzbekistan

hNorwayhEuropean Union

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THE AARHUS CONVENTION (3)

General features among others:h Recognition of citizens’ rights – procedural rights to

information, participation, justice. Substantive rights – to live in an environment adequate to health and wellbeing

h Broad definition of « the public » - any natural or legal person, plus informal groups

h EC as a Party – EU institutions and bodies coveredh Non-discriminatoryh Compliance review mechanism andh Open to non-ECE countries

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THE AARHUS CONVENTION -First Pillar - Access to Information Passive (Art.4)h Broad definition of environmental informationh Any person has accessh Time limit « as soon as possible », max 1 month,

plus 1 month moreh Charges not to acceed reasonable amounth Set of exemptions, with quite restrictive

interpretation

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THE AARHUS CONVENTION – First Pillar - Access to Information Active (Art.5)h Transparency and accessibility of information systemsh Immediate dissemination in cases of imminent threat to

health or environmenth Dissemination of international agreements, laws,

policies, strategies, programmes and action plansh Sufficient product informationh Pollutant Release and Transfer Registers (PRTRs)h Increased access through Internet

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THE AARHUS CONVENTION – First Pillar - Access to Information Implementation:• Reporting is required on a regular basis (every 3 to 4

years) - http://aarhusclearinghouse.unece.org/ and• http://apps.unece.org/ehlm/pp/NIR/index.asp • Establishment of the Task Force on Access to

Information (former TF on Electronic Information Tools) with mandate to: promote exchange of info, experiences, challenges and good practices on public access to information not only by authorities but also by private sector, identify capacity building needs, regional/sub-regional priorities, monitor technical developments etc.

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THE AARHUS CONVENTION -Public Participation

Specific Projects or Activities (art.6)h List of types of activities covered (Annex I)h Timely and effective notificationh Reasonable timeframes for commentsh Free inspection of relevant information by public

concernedh Due account to be taken of outcome of public

participation

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THE AARHUS CONVENTION -Public Participation

Programmes and Plans (art.7)h The public may participate during preparation of plans

and programmesh Early participation and reasonable timeframesPolicies (art.7)h ….provide opportunities in the preparation of policies

relating to environment…Rules and regulations (art.8)h Obligation to strive to promote effective public

participation in rules/regulations and other legally binding instruments ….

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THE AARHUS CONVENTION -Access to Justice

h Review procedures to challenge the handling of information request (any person)

h Review procedure to challenge legality or project-level decisions requiring public participation (restricted to public concerned)

h Review procedures to challenge general violations of national law relating to the environment (standing may be established by national law)

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THE AARHUS CONVENTION: MAIN WEAKNESSES• Articles 7&8 are not precise enough• Issues around GMOs: still exceptional treatment despite

amendment – no right for public to appeal to courts on decisions made

• Article 9.3. leaves too much for the discretion of individual governments

• Very important: Aarhus relates to all policies, laws, etc. with impact on environment, but in practice limited to environmental policies, laws, authorities. Not: taxation, economic policies, transport, energy, agriculture. Convention needs explicit widening of scope

• http://www.unece.org/env/pp/welcome.html

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THE AARHUS CONVENTION -in the EULegislation: h Access to Information – Directive 2003/4/ECh Public Participation – Directive 2003/35/EC

(covers public participation in drawing up certain plans and programmes)

h Access to Justice – Commission proposal for Directive on Access to Justice COM(2003)624 still « under » the table but process may start again

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THE AARHUS CONVENTION -in the EU at the institutional level

Regulation N° 1367/2006 of the European Parliament and of the Council on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies entered into force on 28 September 2006. The "Aarhus Regulation" covers not only the institutions, but also bodies, offices or agencies established by, or on the basis of the EU Treaty. All those had until 28 June 2007 to adapt their internal procedures and practice to the provisions of the Regulation.

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THE AARHUS CONVENTION -in the EU at the institutional level (1) Regulation (EC) No 1049/2001 regarding public access

to European Parliament, Council and Commission documents

• Currently under the revision and pending agreement between the Council, European Commission and European Parliament

• Biggest concerns among others: definition of documents, introduction of block exceptions, referral to national exceptions, new exceptions for staff selection and awarding contracts and grants, excessive time limits, limiting access to large documents

• Revision itself - closed process – no open consultations

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THE AARHUS CONVENTION: in the EU – Access to Information

Directive 2003/4 replaced earlier Directive 90/313/EEC on freedom of access to information and is in line with the Aarhus Convention

• Imposes stricter obligations upon Member States regarding active dissemination of information by public authorities and extending the right of access to information from citizens of the EU to any person, regardless its residence

• Broad definition of ‘environmental information’ and ‘public authorities’

• Access to information “held by” and held for” public authorities

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THE AARHUS CONVENTION: in the EU – Access to Information (1)

• Passive/active access to information – « available » versus « collection »

• Exceptions with strict interpretation (e.g. documents declared confidential by law, relating to international relations, public security or national defence, sometimes also unfinished documents/data, course of justice or internal communications)

• Reasons for refusal should be given in all cases• Charges – free or reasonable• Reporting on implementation

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EUROPEAN PRTR (E-PRTR)The new European-wide register that provides easily accessible key environmental data from industrial facilities in European Union member

states and in Iceland, Liechtenstein and Norway.

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Legal basis: Regulation (EC) No 166/2006 on establishment of a E-PRTR in order to comply with the Aarhus Convention

http://prtr.ec.europa.eu

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THE AARHUS CONVENTION: in the EU – Public Participation• Directive 2001/42/EC (SEA Directive) –environmental

assessment with public participatiob for plans and programmes which are prepared for different sectors

• Directive 203/35/EC –implements Articles 6 and 9.2, 9.4 and 5 of the Aarhus Convention into the EU law, also provides for participation of the public in the drawing up certain plans and programmes foreseen under the EU law (Art. 7 of the Aarhus Convention)

• Plans and programmes under sector-specific legislation (Water Framework Directive 2000/60/EC – River Basin Management Plans) etc.

• Recent changes: Seveso III, Industrial Emission Directive, EIA, IPPC etc.

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Some useful links • http://ec.europa.eu/environment/aarhus/index.htm• http://ec.europa.eu/environment/consultations_en.htm• http://ec.europa.eu/yourvoice/consultations/index_en.htm

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Hvala! Thank you!

Want to know more or join in the work – please contact me:

mara.silina@eeb.org

Tel.: +32 2 289 10 90

Fax: +32 2 289 10 99

http://www.eeb.org

http://www.participate.org