Proposal for a Council Decision on the signature by the European Community of the UN/ECE Convention on access to information, public participation and access to justice in environmental matters
Date: 1998-06-02
Institutions: European Commission
Subjects: UN convention, access to information, access to the courts, environmental policy, public awareness campaign

'«."fjl*^ 

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 02.06.1998 

COM(1998) 344  final 

Proposal for a Council Decision on the signature by the European Community of 
the UN/ECE Coavention on access to information, public participation and 
access to justice in environmental matters 

(presented by the Commission) 

Proposal for a Council Decision on the signature by the European Community of 
the UN/ECE Convention on access to information, public participation and 
access to justice in environmental matters 

Explanatory memorandum 

The 1995 Sofia Ministerial Conference ("Environment  for Europe" process), with the 
active participation  of all Member  States and the  Commission,  endorsed  Guidelines 
on  access  to  environmental  information  and  public  participation  in  environmental 
decision-making, in line with Principle  10 of the Rio Declaration according to which 
environmental issues are best handled with the participation of all concerned citizens, 
notably  through  appropriate  access  to  information  held  by  public  authorities  and 
opportunities to participate in decision-making. 

Enhanced public access to information and increased public participation in decision 
making are actually recognised as essential tools for improving public awareness and 
encouraging  a  better  implementation  of  environmental  legislation,  supporting 
accordingly environmental policies and their effectiveness. 

As a result of a political commitment taken in Sofia, negotiations have been initiated 
in the framework  of the United Nations Economic Commission for Europe (UN/ECE) 
for turning these guidelines into a legally binding instrument, that would reinforce the 
importance  to  be  attached  to these  matters  and  ensure  an  effective  implementation 
through an international instrument of legal nature. 

Negotiations  started  in June  1996, on the basis  of "draft  elements" prepared  by the 
UN/ECE Secretariat, and ended up in March 1998 with a text agreed by consensus. 
It is worth noting that Non-Governmental Organisations, whose specific  and decisive 
role was recognised in the Sofia Guidelines, have been participating actively in these 
negotiations as observers, alongside all other delegations and actually playing a very 
active role in the process. 
-Drawing on the  Guidelines  and broadening  them,  the  Convention  basically  aims at 
contributing  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 well being" 
and  consists  of  three  main  and  complementary  parts  dealing  with  access  to 
information held by public authorities, public participation in decision-making having 
a significant  effect  on the environment and access to justice. The Convention will be 
open for signature at the Aarhus Ministerial Conference to take place in June 1998. 

The Commission  initially participated  in the negotiating process as an observer and, 
following  the  adoption  in  December  1997  of  Council  conclusions  authorising  the 
Community to participate in the negotiations, represented the Community on matters 
of  Community  competence  (i.e  on  access  to  environmental  information  and  public 

ti 

participation  in  specific  activities)  at  the  last  three  negotiating  sessions.  The 
participation of the Community as such was actually of particular relevance in matters 
that  are  recognised  of  significant  importance  in  the  Community  environmental 
protection  policy,  as already highlighted  in the 4th Community  Environment  Action 
Plan and reiterated in the 5th one. The importance to be given to public awareness and 
participation  in  decision-making  was  also  recently  outlined  in  the ..Commission 
implementation  of  Community 
Communication  of  October  1996  on 
environmental  law.  In this  context,  there  is  a set  of  Community  Directives, among 
which  the  most  essential  are  Directive  90/313/EEC  on  access  to  environmental 
information  as well as two Directives providing for a public participation procedure, 
e.g  Directive  85/337/EEC on environmental  impact assessment  (EIA) and Directive 
96/61/EC concerning  integrated pollution prevention and control (IPPC). As a result 
of this existing EC legislation and the policy orientation underlying it as well as the 
need  to  extend  and  further  develop  such  an  "acquis"  in  the  UN/ECE  region,  the 
Community had a strong interest in participating in these negotiations. In relation with 
Community legislation, it was also important to ensure that the draft  convention was 
fully  consistent  with existing  Directives, which was actually  all the more  important 
that a large part of the Convention was built upon the EU legislation. 

the 

As far as access to environmental information  is concerned, the Convention provides 
for  detailed  rights  and obligations, notably  with respect  to time-frames  for  granting 
the information, limited grounds for public authorities to refuse access to certain types 
of information  as well as active duties to be performed  by public authorities so as to 
ensure  a  wide  dissemination  of  environmental  information  of  general  nature.  This 
actually 
to 
environmental information the review of which is due to be initiated soon. 

improves  and  complements  Directive  90/313/EEC  on  access 

With respect to public participation in decision-making, the Convention provides for a 
comprehensive  public  participation  procedure  for  decisions  on  specific  activities 
having a significant effect  on the environment whereby the public is informed and has 
opportunities  to participate  in all stages of the procedure and where, eventually, the 
outcome  of  this  public  participation  is  to  be  duly  taken  into  account  in  the  final 
decision. This regime was largely inspired by the existing EU legislation insofar  the 
public participation procedure presently in the EIA and the IPPC Directives have been 
merged  into  one,  the  scope  of  this  procedure  being  merely  an  addition  of  the 
respective scopes of these two Directives. 

In addition, the Convention also provides for a lighter procedure allowing for a certain 
degree  of public participation  concerning plans, programmes  and policies related  to 
the environment as well as a language of recommendatory nature for the preparation 
of executive regulations and/or generally applicable legally binding instruments. 

Finally, on access to justice, the Convention contains a number of provisions ensuring 
that,  in  the  framework  of  national  law, the  public  may  have  appropriate  access  to 
justice  for  alleged  impairment  to  its rights  on  access  to  information.  Similarly,  the 
public  concerned,  in  case  of  alleged  violation  to  the  public  participation  procedure 
provided for in the Convention, should have appropriate access to justice. In addition 
and under the conditions laid down in national law, the convention provides for access 

iu 

to justice  to  challenge  acts and  omissions  by  private  persons  and  public  authorities 
which contravene provisions of national environmental law. 

It  should  also  be  mentioned  that  an  additional  element  strongly  motivates  the 
signature  of  the  Convention  by  the  Community  insofar  as  the  Convention  covers 
Community  institutions,  being  mentioned  in  the  definition  of  "public  authorities", 
alongside  national,  regional  and  local  public  authorities.  This  would  actually 
constitute  the  very  first  application  of  an  international  convention  to  Community 
institutions as such. In this respect, and in order to point out the need to consider and 
to take into account the particularities of the Community  institutional  system and its 
legal order in the perspective of the Community conclusion, a draft  declaration to be 
issued  by  the  Community  when  signing  is  attached  to  the  present  proposal  for 
signature.  Actually,  between  the  signature  and  the  conclusion,  the  Commission, 
together  with  other  Community  institutions  concerned,  will  proceed  to  a  careful 
assessment  of the three pillars of the Convention in connection with the Community 
institutional  system  and  will  consequently  consider  whether  any  reservation  or 
interpretative  declaration  will  be  necessary  when  ratifying  the  Convention  for  the 
purpose of its application to Community institutions. 

As a result of the above considerations, the Community  should  accordingly  sign the 
Convention. 

(v/ 

Proposal for a Council Decision on the signature by the European Community of 
the UN/ECE  Convention on access to information, public participation  and 
access to justice in environmental  matters 

THE COUNCIL  OF THE EUROPEAN UNION 

Having regard to the Treaty establishing the European  Community, 

Having regard to the proposal of the Commission, 

Whereas  the  1995  Sofia  Ministerial  "Environment  for  Europe"  Conference  adopted 
the  Sofia  Guidelines  on access to environmental  information  and public  participation 
in  environmental  decision-making  and  agreed  to 
in  the 
framework  of the United Nations Economic Commission  for Europe for turning these 
guidelines into a legally binding instrument, 

initiate  negotiations 

Whereas  the  Commission,  on  behalf  of  the  Community  and  in  accordance  with  the 
negotiating  directives  set  out  in  the  Council i Conclusions  of  4  December  1997, 
participated, in these negotiations, 

Whereas  access  to  environmental  information,  public  participation  in  environmental 
decision-making  are of particular relevance in the environmental  protection policy, as 
recognised  by  the  5th Community  Environment  Action  Plan  and  a  number  of  EC 
Directives;  thaMhey  do  constitute  essential  means  to  improve  public  awareness  and 
ensure a better implementation of environmental  legislation, 

Whereas negotiations have been finalised  in March 98 and the Convention is due to be 
open  for  signature  in June  1998 at the Aarhus  "Environment  for  Europe"  Ministerial 
Conference, 

Considering  that  it  would  be  opportune  for  the  Community  to  sign  this  Convention, 
subject  to subsequent  conclusion, 

DECIDES 

SOLE ARTICLE 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s) 
empowered  to sign, on behalf of the European  Community,  the  Convention  on access 

to  information,  public  participation  and  access  to justice  in  environmental  matters, 
subject to  subsequent  conclusion, and to confer upon them the powers necessary  for 
that purpose. The text of the convention is appended to this decision. 

Done in Brussels, 

By the Council, 

The President 

01 

DECLARATION OF THE EUROPEAN COMMUNITY 
REGARDING THE APPLICATION OF THE 
CONVENTION TO ITS INSTITUTIONS 

DRAFT 

The  European  Community  wishes  to  express  its  great  satisfaction  with  the  present 
Convention as an essential step forward  in further  encouraging and supporting public 
awareness  in  the field of  environment  and  better  implementation  of  environmental 
legislation  in  the  UN/ECE  region,  in  accordance  with  the  principle  of  sustainable 
development. 

Fully  supporting  the objectives  pursued by the Convention and considering that the 
European  Community  itself  is  being  actively  involved  in  the  protection  of  the 
environment  through  a  comprehensive  and  evolving  set  of  legislation,  it  was  felt 
important not only to sign up to the Convention at Community level but also to cover 
its own institutions, alongside national public authorities. 

While accepting to be covered by the definition  of public authorities, the Community 
declares that, having regard to the Community institutional system and its legal order, 
it will apply, as appropriate, the disposition of the Convention relating to institutions 
acting in a judicial or legislative capacity. 

Within the same above-mentioned  institutional  and legal  context  and given  also the 
obligations  of  the  Treaty  of  Amsterdam  with  respect  to  future  legislation  on 
transparency, the Community also declares that the Community institutions will apply 
the Convention within the framework  of their existing  and future  rules on access to 
documents  and  other  relevant  rules  of  Community  law  in the field covered  by the 
Convention. 

i  >  H 

UNITED 
NATIONS 

ÉÊÊÈ$b  Economie and S ocial 
^ ^P  Council 

E 

Distr. 
GENERAL- --

ECE/CEP/43 
21 April 1998 

ORIGINAL  : ENGLISH 

ECONOMIC COMMISSION FOR EUROPE 

COMMITTEE  ON ENVIRONMENTAL  POLICY 

Fourth Ministerial Conference 
"Environment for Europe", 
Aarhus, Denmark, 23-25 June 1998 

CONVENTION  ON ACCESS TO INFORMATION,  PUBLIC  PARTICIPATION 
IN DECISION-MAKING AND ACCESS TO JUSTICE  IN ENVIRONMENTAL MATTERS  */ 

The Parties to this Convention 

Recalling  principle 1 of the Stockholm Declaration on the Human 

Environment, 

Recalling also  principle 10 of the Rio Declaration on Environment and 

Development, 

i 

Recalling further  General Assembly resolutions 37/7 of 28 October 1982 

on the World Charter for Nature and 45/94 of 14 December 1990 on the need to 
ensure a healthy environment for the well-being of individuals, 

Recalling  the European Charter on Environment and Health adopted at 

the First European Conference on Environment and Health of the World Health 
Organization in Frankfurt-am-Main, Germany, on 8 December 1989, 

V 

Final text endorsed by the Committee on Environmental Policy at 

its special session on 16-18 March 1998 for adoption at the Ministerial 
Conference "Environment for Europe".  . 

GE.98-30998 

ECE/CEP/43 
page 2 

Affirming  the need to protect, preserve and improve the state of the 
environment and to ensure sustainable and environmentally sound development, 

Recognizing  that adequate protection of the environment is essential to 

human well-being and the enjoyment of basic human rights, including the right 
to life itself, 

,' 

' 

Recognizing also  that every person has the right to live in an 
environment adequate to his or her health and well-being, and the duty, both 
individually and in association with others, to.protect and improve the 
environment for the benefit of present and future generations, 

Considering  that, to be able to assert this right and observe this duty, 

citizens must have access to information, be entitled to participate in 
decision-making and have access to justice in environmental matters, and 
acknowledging in this.regard that citizens may need assistance in order to 
exercise their rights, 

Recognizing  that, in the field of the environment, improved access to 

information and public participation in decision-making enhance the quality 
and the implementation of decisions, contribute to public awareness of 
environmental issues, give the public the opportunity to express its concerns 
and enable public authorities to take due account of such concerns, 

Aiming  thereby to further the accountability of and transparency in 

decision-making and to strengthen public support for decisions on the 
environment, 

Recognizing  the desirability of transparency in all branches of 

government  and inviting legislative bodies to implement the principles of this 
Convention in their proceedings, 

Recognizing also  that the public needs to be aware of the procedures for 

participation in environmental decision-making, have free access to them and 
know how to use them, 

Recognizing  further  the importance of the respective roles that 
individual citizens, non-governmental organizations and the private sector can 
play in environmental protection, 

Desiring  to promote environmental education to further the understanding 

of the environment and sustainable development and to encourage widespread 
public awareness of, and participation in, decisions affecting the environment 
and sustainable development, 

Noting , in this context, the importance of making use of the media and 

of electronic or other, future forms of communication, 

Recognizing  the importance of fully integrating environmental 
considerations in governmental decision-making and the consequent need for 
public authorities to be in possession of accurate, comprehensive and up-to-
date environmental information, 

2. 

Acknowledging  that public authorities hold environmental information in 

the public interest, 

Concerned  that effective judicial mechanisms should be accessible to the 

ECE/CEP/4 3 
page 3 

public, including organizations, so that its legitimate interests are 
protected and the law is enforced, 

. " 

' 

Noting  the importance of adequate product-information being provided to 

consumers to enable them to make informed environmental choices, 

Recognizing  the concern of the public about the deliberate release of 

genetically modified organisms into the environment and the need for increased 
transparency and greater public participation in decision-making in this 
field, 

Convinced  that the implementation of this Convention will contribute to 

strengthening democracy in the region of the United Nations Economic 
Commission for Europe  (ECE), 

Conscious  of the role played in this respect by ECE and recalling, 

inter 

alia , the ECE Guidelines on Access to Environmental Information and Public 
Participation in Environmental Decision-making endorsed in the Ministerial 
Declaration adopted at the Third Ministerial Conference  "Environment for 
Europe" in Sofia, Bulgaria, on 25 October 1995, 

Bearing in mind  the relevant provisions in the Convention on 
Environmental Impact Assessment in a Transboundary Context, done at Espoo, 
Finland, on 25 February 1991, and the Convention on the Transboundary Effects 
of Industrial Accidents and the Convention on the Protection and Use of 
Transboundary Watercourses and International Lakes, both done at Helsinki on 
17 March 1992, and other regional conventions, 

Conscious  that the adoption of this Convention will have contributed to 

the further strengthening of the "Environment for Europe" process and to the 
results of the Fourth Ministerial Conference in Aarhus, 'Denmark, in June 1998, 

Have agreed  as follows: 

Article 1 

OBJECTIVE 

In order to contribute to the protection of the right of every person of 

present and future generations to live in an environment adéquate to his or 
her health and well-being, each Party shall guarantee the rights of access to 
information, public participation in decision-making, and access to justice in 
environmental matters in accordance with the provisions of this Convention. 

s. 

ECE/CEP/43 
page  4 

Article  2 

DEFINITIONS 

For  the purposes  of  this Convention, 

"Party"  means, unless  the text  otherwise  indicates, a Contracting  Party 

1. 
to this  Convention; 

2. 

"Public  authority"  means: 

(a) 

Government  at national, regional  and  other  level; 

(b) 

Natural  or  legal persons performing  public  administrative 
functions  under  national  law,  including  specific  duties, activities  or 
services  in  relation  to the  environment; 

(c) 

Any  other  natural  or  legal persons  having public  responsibilities 

or  functions, or providing  public  services,  in relation  to the  environment, 
under  the  control  of  a body  or person  falling  within  subparagraphs  (a) or  (b) 
above; 

(d) 

The  institutions  of any  regional  economic  integration 

organization  referred  to  in article  17 which  is a  Party  to this  Convention. 

This  definition  does  not  include bodies  or  institutions  acting  in  a 
judicial  or  legislative  capacity; 

"Environmental  information"  means  any  information  in written, visual, 

3. 
aural,  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  genetically modified  organisms,  and 
the  interaction  among  these elements; 

(b) 

Factors,  such as substances, energy,  noise  and  radiation,  and 

activities  or measures,  including  administrative  measures,  environmental 
agreements,  policies,  legislation, plans  and programmes,  affecting  or  likely 
to affect  the  elements  of the  environment  within  the  scope  of subparagraph  (a) 
above,  and  cost-benefit  and other  economic  analyses  and  assumptions  used  in 
environmental  decision-making; 

(c) 

The  state  of  human health and  safety,  conditions  of human  life, 
cultural  sites  and built  structures,  inasmuch  as  they are or may be  affected 
by  the  state  of  the  elements  of the  environment  or, through these  elements,  by 
the  factors,  activities  or measures  referred  to  in subparagraph  (b) above; 

"The  public"  means  one or more  natural  or  legal persons, and,  in 

4. 
accordance  with  national  legislation  or practice,  their  associations, 
organizations  or groups; 

\ 

5. 
"The public concerned" means the public affected or likely to be 
affected by, or having an interest in, the environmental decision-making; for 
the purposes of this definition, non-governmental organizations promoting 
environmental protection and meeting any requirements under national law shall 
be deemed to have an interest. 

ECE/CEP/4 3 
page 5 

Article 3 

GENERAL  PROVISIONS 

1. 
Each Party shall take the necessary legislative, regulatory and other 
measures, including measures to achieve compatibility between the provisions 
implementing the information, public participation and access-to-justice 
provisions in this Convention, as well as proper enforcement measures, to 
establish and maintain a clear, transparent and consistent framework to 
implement the provisions of this Convention. 

2. 
Each Party shall endeavour to ensure that officials and authorities 
assist and provide guidance to the public in seeking access to information, in 
facilitating participation in decision-making and in seeking access to justice 
in environmental matters. 

3. 
Each Party shall promote environmental education and environmental 
awareness among the public, especially on how to obtain access to information, 
to participate in decision-making and to obtain access to justice in 
environmental matters. 

Each Party shall provide for appropriate recognition of and support to 

4. 
associations, organizations or groups promoting environmental protection and 
ensure that its national legal, system is consistent with this obligation. 

The provisions of this Convention shall not affect the right of a Party 
5. 
to maintain or introduce measures providing for broader access to information, 
more extensive public participation in decision-making and wider access to 
justice in environmental matters than required by this Convention. 

This Convention shall not require any derogation from existing rights of 

6. 
access to information, public participation in decision-making and access to 
justice in environmental matters. 

7. 
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. 

Each Party shall ensure that persons exercising their rights in 

8. 
conformity with the provisions of this Convention shall not be penalized, 
persecuted or harassed in any way for their involvement. This provision shall 
not affect the powers of national courts to award reasonable costs in judicial 
proceedings. 

5 

ECE/CEP/43 
page  6 

Within  the  scope of the  relevant provisions  of  this  Convention,  the 

9. 
public  shall  have  access to  information,  have the possibility  to  participate 
in decision-making  and have  access  to justice  in environmental  matters  without 
discrimination  as  to citizenship,  nationality  or domicile  and,  in the  case  of 
a  legal person,  without, discrimination  as to where  it has  its- registered  seat 
or  an  effective  centre  of  its activities. 

Article  4. 

ACCESS  TO  ENVIRONMENTAL  INFORMATION 

Each  Party  shall  ensure  that, subject  to the  following  paragraphs  of 

1. 
this  article, public  authorities,  in response  to a request  for  environmental 
information,  make  such  information 
framework  of  national  legislation,  including, where  requested  and  subject  to 
subparagraph  (b) below,  copies of the actual  documentation  containing-or 
comprising  such  information:-

available  to the public  , within  the 

(a) 

Without  an interest  having  to be  stated; 

(b) 

In the  form requested unless: 

(i) 

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 

(ii)  The  information  is already publicly  available  in  another 

form. , 

The  environmental  information  referred  to  in paragraph  1 above  shall  be 

2. 
made  available  as  soon as possible  and at the  latest  within  one month  after 
the  request  has  been  submitted,  unless  the volume  and  the  complexity  of  the 
information  justify  an extension  of  this period  up to two months  after  the 
request.  The  applicant  shall be  informed  of any  extension  and of  the  reasons 
justifying  it. 

3. 

A  request  for  environmental  information may be  refused  if: 

(a) 

The public authority  to which  the  request  is  addressed  does  not 

hold  the  environmental  information  requested; 

(b) 

The  request  is manifestly  unreasonable  or  formulated  in  too 

general  a manner;  or 

(c) 

The  request  concerns material  in the  course  of  completion  or 

concerns  internal  communications  of public  authorities  where  such  an  exemption 
is provided  for  in national  law or customary  practice,  taking  into  account  the 
public  interest  served by disclosure. 

A  request  for environmental  information may be  refused  if the  disclosure 

4. 
would  adversely  affect: 

ECE/CEP/4 3 
page 7 

(a) 

The  confidentiality  of the proceedings  of public authorities, 

where  such  confidentiality  is provided  for under national  law; 

(b) 

International relations, national defence  or public  security; 

(c) 

The  course of justice, 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; 

(d) 

The  confidentiality  of commercial  and  industrial  information, 

where.such  confidentiality  is protected by  law in order  to protect  a 
legitimate  economic  interest. Within this  framework,  information  on  emissions 
which  is  relevant  for the protection of the environment  shall be  disclosed; 

(e) 

Intellectual property rights; 

(f) 

The  confidentiality  of personal data and/or  files  relating to a 
natural  person whefe«. that person has not consented  to the disclosure  of the 
information  to the public, where  such confidentiality  is provided  for in 
national  law; 

(g) 

The interests of a third party which  has  supplied  the  information 
requested  without  that party being under or capable  of being put  under a legal 
obligation  to do  so,  and where that party does not  consent  to the  release of 
the material; or 

(h) 

The  environment  to which the information  relates, such as the 

breeding  sites  of  rare species. 

The  aforementioned  grounds  for refusal  shall be  interpreted  in a  restrictive 
way,  taking  into account  the public  interest  served by disclosure 
into account  whether  the information  requested  relates to emissions  into the 
environment . 

and taking 

5. 
Where  a public  authority does not hold the environmental  information 
requested,  this public  authority  shall, as promptly  as possible,  inform the 
applicant  of  the  public  authority to which  it believes  it is possible  to apply 
for  the  information  requested  or transfer the request  to that  authority  and 
inform  the  applicant  accordingly. 

Each  Party  shall ensure that, if information  exempted  from  disclosure 
6. 
under paragraphs  3  (c) and  4 above can be'separated out without prejudice  to 
the  confidentiality  of the information  exempted,  public  authorities  make 
available  the  remainder  of the environmental  information  that has been 
requested. 

A  refusal  of  a request  shall be in writing  if the  request  was in writing 

7. 
or the  applicant  so requests. A  refusal  shall  state  the reasons  for the 
refusal  and  give  information  on access to the  review, procedure provided  for in 
accordance  with  article  9. The refusal  shall be made  as soon as possible  and 
at the  latest  within  one month, unless the complexity  of the  information 

* 

ECE/CEP/43 
page  8 

justifies  an  extension  of this period up to two months  after  the  request.  The 
applicant  shall  be  informed  of any extension  and of the  reasons  justifying  it, 

8. 
Each  Party may  allow  its public authorities  to make a charge  for 
supplying  information, but  such charge  shall not  exceed  a reasonable  amount. 
Public  authorities  intending  to make  such a charge  for supplying  information 
shall make  available  to applicants  a schedule of charges which may be  levied, 
indicating  the  circumstances  in which they may be  levied or waived  and  when 
the supply of  information  is conditional  on the advance payment  of  such a 
charge. 

Article  5 

COLLECTION  AND  DISSEMINATION  OF  ENVIRONMENTAL  INFORMATION 

1. 

Each  Party  shall  ensure that: 

(a) .  Public  authorities possess  and update  environmental  information 

which  is  relevant  to their  functions; 

(b) 

Mandatory  systems are established  so that  there  is an  adequate 

flow of  information  to public  authorities  about proposed  and  existing 
activities  which may  significantly  affect  the environment; 

(c) 

In the  event  of any imminent  threat  to human health  or the 

environment,  whether  caused by human activities  or due to natural  causes, all 
information  which  could  enable the public  to take measures  to prevent  or 
mitigate  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 
affected. 

Each  Party  shall  ensure that, within the  framework  of  national 

2. 
legislation,  the way  in which public authorities make  environmental 
information  available  to the public  is transparent  and that  environmental 
information  is effectively  accessible, 

inter alia,  by: 

(a) 

Providing  sufficient .information to the public  about  the type  and 

scope  of  environmental  information held by the relevant public  authorities, 
the basic  terms  and  conditions under which  such  information  is made  available 
and accessible,  and the process by which  it can be  obtained; 

(b) 

Establishing  and maintaining practical  arrangements,  such as: 

(i) 

Publicly accessible lists, registers  or files; 

(ii) 

Requiring  officials  to support  the public  in  seeking 
access to information under this Convention;  and 

(iii) 

The  identification  of points  of contact;  and 

% 

ECE/CEP/4 3 
page  9 

(c) 

Providing  access  to the environmental  information  contained  in 

lists,  registers  or  files  as  referred to  in  subparagraph  .(b)  (i) above  free  of 
charge. 

Each  Party shall ensure  that environmental  information  progressively 

3. 
becomes  available  in electronic databases  which  are easily accessible  to  the 
public  through public telecommunications  networks. Information  accessible  in 
this  form  should  include: 

(a) 
paragraph  4 below; 

Reports  on the  state  of the  environment,  as referred  to  in 

(b) 

Texts  of  legislation  on or  relating  to the  environment; 

(c) 

As  appropriate, policies, plans  and programmes  on or relating  to 

the  environment,  and  environmental  agreements;  and 

(d) 

Other  information,  to the  extent  that  the availability  of  such 
information  in this  form  would  facilitate  the  application  of national  law 
implementing  this  Convention, 

provided  that  such  information  is already  available  in electronic  form. 

Each  Party  shall, at  regular  intervals  not  exceeding  three  or  four 

4. 
years,  publish  and disseminate  a national  report  on the state of  the 
environment,  including  information  on  the quality of the environment  and 
information  on pressures  on the  environment. 

Each  Party  shall  take measures within the  framework  of its  legislation 

5. 
for  the purpose  of disseminating, 

inter alia : 

(a) 

Legislation  and policy documents  such  as documents  on  strategies, 

policies,  programmes  and action plans  relating  to the environment,  and 
progress  reports  on their  implementation,  prepared  at various  levels  of 
government; 

(b) 

International treaties, conventions  and agreements  on 

environmental  issues; and 

(c) 
as  appropriate. 

Other  significant  international  documents  on environmental  issues, 

Each  Party  shall encourage  operators  whose  activities have  a  significant 

6. 
impact  on  the  environment  to inform  the public  regularly of the  environmental 
impact  of  their  activities and products, where  appropriate  within.the 
framework  of voluntary  eco-labelling  or eco-auditing  schemes or by  other 
means. 

ECE/CEP/43 
page  10 

7. 

Each  Party shall: 

(a) 

Publish  the  facts and analyses  of  facts which  it  considers 
relevant  and  important in  framing major  environmental  policy proposals; 

(b) 

Publish,  or otherwise make  accessible,  available  explanatory 

material  on  its dealings with the public  in matters  falling within the  scope 
of this  Convention;  and 

(c) 

Provide  in an appropriate  form  information  on the performance  of 

public  functions~or the provision  of public  services  relating  to  the 
environment  by  government  at all levels. 

Each  Party  shall develop mechanisms  with  a view  to ensuring  that 

8. 
sufficient product  information  is made  available  to the public in a manner 
which  enables  consumers  to make  informed environmental  choices. 

Each  Party  shall  take  steps to establish  progressively,  taking  into 
9. 
account  international  processes where  appropriate,  a coherent,  nationwide 
system  of pollution  inventories  or  registers  on  a structured,  computerized  and 
publicly  accessible  database  compiled  through  standardized  reporting. 
system may  include  inputs, releases.and transfers  of a specified  range  of 
substances  and products,  including water, energy  and  resource  use, from a 
specified  range  of activities  to environmental  media  and to on-site and off-
site  treatment  and disposal sites. 

Such 

Nothing  in this article may prejudice  the  right  of Parties  to refuse  to 

10. 
disclose  certain  environmental  information  in accordance  with  article  4, 
paragraphs  3 and  4. 

Article  6 

PUBLIC  PARTICIPATION  IN DECISIONS  ON  SPECIFIC  ACTIVITIES 

1. 

Each  Party: 

(a) 

Shall  apply the provisions  of this  article with  respect  to 

decisions  on whether  to permit proposed  activities  listed  in annex  I; 

(b) 

Shall,  in accordance  with  its national  law, also apply  the 

provisions  of  this  article  to decisions  on proposed  activities  not  listed  in 
annex  I which may  have  a significant  effect  on the  environment. To this  end, 
Parties  shall  determine  whether  such a proposed  activity  is subject  to  these 
provisions;  and 

(c) 

May  decide, on a case-by-case  basis  if so provided  under  national 

law,  not  to apply  the provisions  of this article  to proposed  activities 
serving  national  defence purposes, if that  Party deems  that  such  application 
would  have  an adverse  effect on these purposes. 

/O 

ECE/CEP/4 3 
page  11 

The public  concerned  shall be  informed,  either by public  notice  or 

2. 
individually  as  appropriate,  early  in an environmental  decision-making 
procedure,  and  in an adequate, timely  and effective manner, 

inter  alia,  of: 

(a) 
be  taken; 

The proposed  activity and the application  on which  a decision  will 

(b) 

The nature  of possible  decisions  or  the  draft  decision; 

(c) 

The  public  authority  responsible  for making  the  decision; 

(d) 
can be  provided: 

The  envisaged  procedure,  including,  as  and  when  this  information 

- (i) 

The  commencement  of the  procedure; 

(ii) 

The  opportunities  for the public  to participate; 

(iii) 

The  time  and venue  of any  envisaged  public  hearing; 

(iv) 

(v) 

An  indication  of the public  authority  from which  relevant 
information  can be obtained  and where  the  relevant 
information  has been deposited  for  examination  by  the 
public; 

An  indication  of the  relevant  public  authority  or  any  other 
official body to which  comments  or' questions  can  be 
submitted  and of the  time  schedule  for transmittal  of 
comments  or questions;  and 

(vi) 

An  indication  of what  environmental  information  relevant  to 
the proposed  activity  is  available;  and 

(e) 

The  fact  that  the' activity  is  subject  to  a national  or 

transboundary  environmental  impact  assessment  procedure. 

3. 
The  public participation procedures  shall  include' reasonable  time-frames 
for  the  different  phases, allowing  sufficient  time  for  informing  the public  in 
accordance  with  paragraph  2 above and  for the-public  to prepare  and 
participate  effectively  during the  environmental  decision-making. 

Each  Party  shall provide  for early public  participation,  when  all 

4. 
options  are  open  and  effective public participation  can  take place. 

Each  Party  should,  where appropriate,  encourage  prospective  applicants 

5. 
to  identify  the public  concerned,  to enter  into  discussions,  and  to  provide 
information  regarding  the objectives  of their  application  before  applying  for 
a  permit. 

Each  Party  shall  require  the  competent  public  authorities  to  give  the 

6. 
public  concerned  access  for examination,  upon  request  where  so required  under 
to  all 
national  law , free  of charge  and  as  soon as  it becomes  available, 

ECE/CEP/43 
page  12 

information  relevant  to the decision-making  referred  to  in this article  that 
is available  at  the  time of the public participation procedure, 
without 
prejudice  to the  right of  Parties to refuse to disclose  certain  information  in 
accordance  with  article  4, paragraphs  3 and 4.7The relevant  information  shall 
include  at  least, and without prejudice to the provisions  of article 4: 

(a) 

A  description  of the site and the physical  arid technical 
characteristics  of the proposed activity,  including  an estimate of  the 
expected  residues  and emissions; 

(b) 

A  description  of the significant  effects of the proposed  activity 

on the  environment; 

(c) 

A  description  of the measures  envisaged to prevent  and/or  reduce 

the effects,  including emissions; 

(d) 

A  non-technical  summary of the above; 

(e) 

An outline  of the main alternatives  studied by the applicant 

; and 

(f) 

In accordance with national  legislation, the main  reports  and 

advice  issued to  the public authority at the time when the public  concerned 
shall be  informed  in accordance with paragraph  2 above. 

Procedures  for.public participation  shall allow the public  to submit,  in 

7. 
writing  or, as appropriate,  at a public hearing  or  inquiry with the  applicant 
any comments, information,  analyses or opinions that  it considers  relevant  to 
the proposed  activity. 

Each  Party  shall ensure that in the decision due  account  is taken of  the 

8. 
outcome  of  the public participation. 

Each  Party  shall ensure that, when the decision has been taken by  the 

9. 
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 
considerations  on which the decision is based. 

.  -

Each  Party  shall ensure  that, when a public authority  reconsiders  or 

10. 
updates  the  operating  conditions  for an activity  referred to in 
paragraph  1,  the provisions  of paragraphs ,2 to 9 of this  article  are  applied 
mutatis mutandis  , and where appropriate. 

11. 
Each  Party  shall, within the framework of  its national  law, apply,  to 
the extent  feasible  and appropriate, provisions  of this  article to  decisions 
on whether  to permit  the deliberate  release of genetically modified  organisms 
into the  environment. 

IV 

ECE/CEP/4  3 
page  13 

A r t i c le  7 

PUBLIC  PARTICIPATION  CONCERNING  PLANS,  PROGRAMMES  AND POLICIES 
RELATING  TO THE  ENVIRONMENT 

Each  Party shall make  appropriate  practical  and/or  other 

provisions for 

the public to participate  during the preparation of plans and programmes 
relating to the environment, within a transparent and fair  framework,  having 
provided the necessary  information to the public. Within  this  framework, 
article  6, paragraphs  3, 4 and 8, shall be applied. The public which may 
participate  shall be identified by the relevant  public  authority,  taking  into 
account the objectives of this Convention. To the extent  appropriate,  each 
Party  shall  endeavour to provide  opportunities  for public participation in the 
preparation of policies  relating to the environment. 

Article  8 

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

. Each  Party  shall  strive to promote  effective  public participation at an 
appropriate  stage, and while  options are still open,  during the preparation by 
public  authorities of executive  regulations and other  generally  applicable 
legally binding  rules  that may have a significant  effect on the environment. 
To  this end, the following  steps  should be taken: 

(a) 

Time-frames  sufficient  for effective  participation  should be 

fixed; 

(b) 

Draft  rules  should be published  or otherwise made  publicly 

available; and 

(c) 

The public  should be given the opportunity to comment, directly or 

through  representative  consultative  bodies. 

The  result of the public participation  shall be taken  into account as far as 
possible. 

Article 9 

ACCESS  TO  JUSTICE 

Each  Party  shall, within the framework of its national  legislation, 

1. 
ensure  that any person who considers  that his or her request for information 
under  article  4 .has been  ignored,  wrongfully  refused,  whether in part or  %n 
full,  inadequately  answered, or otherwise not dealt  with in accordance  with 
the provisions of that  article, has access to a review procedure  before a 
court of law or another  independent and impartial  body  established by law. 

il 

ECE/CEP/43 
page  14 

In the  circumstances  where a Party provides  for such a review by a  court 

of  law,  it  shall  ensure that  such a person also has  access  to an  expeditious 
procedure  established by  law that is free of  charge  or  inexpensive  for 
reconsideration  by a public authority  or review by an  independent  and 
impartial  body  other  than a court of law. 

Final  decisions  under this paragraph  1'shall be binding  on the  public 

authority  holding  the .information. Reasons  shall be  stated  in writing,  at 
least  where  access  to information  is refused  under  this  paragraph. 

Each  Party  shall, within the  framework  of  its national  legislation, 

2. 
ensure that members  of the public  concerned 

(a) 

Having  a sufficient  interest 

or,  alternatively, 

(b) 

Maintaining  impairment  of a right, where  the  administrative 

procedural  law of  a Party requires this as a precondition, 

have  access  to a review procedure before  a court  of  law and/or  another 
independent  and  impartial body established by  law, to -challenge the 
substantive  and procedural  legality  of any decision,  act  or omission subject 
to the provisions  of article  6 and, where  so provided  for under national  law 
and without  prejudice  to paragraph  3 below,  of other  relevant provisions  of 
this  Convention. 

What  constitutes  a sufficient  interest  and  impairment  of a right  shall 

be determined  in accordance v/ith the requirements  of national  law and 
consistently  with  the objective of giving  the public  concerned  wide  access  to 
justice  within  the  scope of this Convention. To this  end,  the  interest  of  any 
non-governmental  organization meeting  the  requirements  referred to  in 
article  2, paragraph  5, shall be deemed  sufficient  for the purpose  of 
subparagraph  (a) above. Such organizations  shall  also be deemed to have  rights 
capable  of being  impaired  for the purpose  of  subparagraph  (b) above. 

The  provisions  of this paragraph  2 shall not  exclude  the possibility  of 

a preliminary  review procedure before  an administrative  authority  and  shall 
not  affect  the  requirement  of exhaustion  of administrative  review  procedures 
prior  to  recourse  to judicial  review procedures, where  such a  requirement 
exists  under  national  law. 

3. 
In addition  and without prejudice  to the  review procedures  referred  to  • 
in paragraphs  1 and 2 above, each Party  shall  ensure  that, where  they meet the. 
criteria,  if any,  laid down  in its national  law, members  of the public  have 
access  to  administrative  or judicial procedures  to challenge  acts and  • 
omissions  by private persons and public authorities  which  contravene 
provisions  of  its national  law relating to the  environment. 

In addition  and without prejudice  to paragraph  1 above, the  procedures 

4. 
referred  to  in paragraphs  1, 2 and  3 above  shall provide  adequate  and 
effective  remedies, including  injunctive  relief  as appropriate, and be  fair, 

! < *• 

ECE/CEP/4 3 
page  15 

equitable,  timely  and not prohibitively  expensive.  Decisions  under  this 
article  shall  be  given or recorded  in writing.  Decisions  of courts, and 
whenever  possible  of other bodies, shall be publicly  accessible. 

In order  to  further  the effectiveness  of the provisions" of this article, 

5. 
each Party  shall ensure  that  information  is provided  to the public on  access 
to administrative  and judicial review procedures  and  shall  consider  the 
establishment  of  appropriate  assistance mechanisms  to remove  or  reduce 
financial  and  other barriers to access to justice. 

Article  10 

MEETING  OF  THE  PARTIES 

The  first meeting  of the Parties  shall be  convened  no  later than  one 

1. 
year after  the date of the entry  into  force of this Convention. Thereafter,  an 
ordinary meeting  of  the  Parties shall be held at  least  once every two years, 
unless  otherwise  decided by  the Parties, or at  the written  request  of  any 
Party, provided  that, within  six months of the  request  being  communicated  to 
all  Parties by  the Executive  Secretary  of the Economic  Commission  for Europe, 
the  said  request  is supported by at  least one third  of the  Parties. 

At  their meetings, the Parties  shall  keep under  continuous  review  the 

2. 
implementation  of  this Convention  on the basis  of  regular  reporting by  the 
Parties,  and,  with  this purpose  in mind,  shall: • 

(a) 

Review  the policies  for and legal  and methodological  approaches  to 

access  to  information, public participation  in decision-making  and access  to 
justice  in environmental matters, with  a view to  further  improving  them; 

(b) 

Exchange  information  regarding  experience  gained  in concluding  and 

implementing  bilateral  and multilateral  agreements  or other  arrangements 
having  relevance  to the purposes  of this Convention  and  to which one or more 
of the  Parties  are  a party; 

(c) 

Seek,  where  appropriate, the services  of relevant  ECE bodies  and 

other  competent  international bodies  and specific  committees  in all  aspects 
pertinent  to  the  achievement  of the purposes  of this  Convention; 

(d) 

Establish  any subsidiary bodies  as they deem  necessary; 

(e) 

Prepare, where  appropriate, protocols  to this  Convention; 

(f) 

Consider  and adopt proposals  for amendments  to this Convention in 

accordance  with  the provisions  of article 14; 

(g) 

Consider  and undertake  any additional  action  that may be  required 

for the  achievement  of the purposes  of this  Convention; 

(h) 

At  their  first meeting,  consider  and by  consensus  adopt  rules  of 

procedure  for  their meetings  and the meetings  of  subsidiary bodies; 

/* 

ECE/CEP/43 
page 16 

(i) 

At their first meeting, review their experience in implementing 

the provisions of article 5, paragraph 9, and consider what steps are 
necessary to develop further the system referred to in that paragraph, taking 
into account international processes and developments, including the 
elaboration of an appropriate instrument concerning pollution.-release and 
transfer registers or inventories which could be annexed to this-Convention., 

The Meeting of the Parties may, as necessary, consider establishing 

3. 
financial arrangements on a consensus basis. 

The United Nations, its specialized agencies and the International 

4. 
Atomic Energy Agency, as v/ell as any State or regional economic integration 
organization entitled under article 17 to sign this Convention but which' is 
not a Party to this Convention, and any intergovernmental organization 

- qualified in the fields to which this Convention relates, shall be entitled to 

participate as observers in the meetings of the Parties. 

5. 
Any non-governmental organization, qualified in the fields to which this 
Convention relates, which has informed the Executive Secretary of the Economic 
Commission for Europe of its wish to be represented at a meeting of the 
Parties shall be entitled to participate as an observer unless at least one 
third of the Parties present in the meeting raise objections. 

For the purposes of paragraphs 4 and 5 above, the rules of procedure 

6. 
referred to in paragraph 2  (h) above shall provide for practical arrangements 
for the admittance procedure and other relevant terms. 

Article 11 

RIGHT TO VOTE 

Except as provided for in paragraph 2 below, each Party to this 

1. 
Convention shall have one vote. 

Regional economic integration organizations, in matters within their 

2. 
competence, shall exercise their right to vote with a number of votes equal to 
the number of their member States which are Parties to this Convention.  Such 
organizations shall not exercise their right to vote if their member States 
exercise theirs, and vice versa. 

Article 12 

SECRETARIAT 

The Executive Secretary of the Economic Commission for Europe shall 

carry out the following secretariat functions: 

(a) 

The convening and preparing of meetings of the Parties; 

U 

(b) 

The  transmission to the  Parties  of  reports  and other  information 

received  in accordance  with the provisions  of  this  Convention;  and 

(c) 

Such  other  functions  as may be  determined  by the Parties. 

ECE/CEP/4.3 
page  17 

Article,13 

ANNEXES 

The  annexes  to this  Convention  shall  constitute  an integral  part 

thereof. 

Article  14 

AMENDMENTS  TO  THE  CONVENTION 

1. 

Any  Party may propose  amendments  to this  Convention. 

The  text  of  any proposed  amendment  to this Convention  shall be  submitted 

2. 
in writing  to the  Executive  Secretary  of the  Economic Commission  for Europe, 
who  shall  communicate, it to all  Parties  at  least  ninety  days before  the 
meeting  of  the  Parties  at which  it is proposed  for  adoption. 

The  Parties  shall make  every  effort  to  reach  agreement  on any  proposed 

3. 
amendment  to  this  Convention by  consensus.  If all  efforts  at consensus  have 
been  exhausted,  and  no  agreement  reached,  the  amendment  shall as a last  resort 
be  adopted  by  a three-fourths majority vote  of the  Parties present  and  voting 
at the  meeting. 

Amendments  to this  Convention  adopted  in accordance  with paragraph  3 

4. 
above  shall  be  communicated  by the  Depositary  to all  Parties  for  ratification, 
approval  or  acceptance. Amendments  to this Convention  other than those  to  an 
annex  shall  enter  into  force  for  Parties having  ratified,  approved  or  accepted 
them  on the ninetieth  day after  the  receipt  by  the  Depositary  of  notification 
of their  ratification,  approval  or acceptance by  at  least  three fourths  of 
these  Parties. Thereafter  they shall  enter  into  force  for any other  Party  on 
the  ninetieth  day  after  that  Party deposits  its  instrument  of  ratification, 
approval  or  acceptance  of the amendments. 

Any  Party  that  is unable to approve  an  amendment  to an annex to  this 

5. 
Convention  shall  so notify  the Depositary  in writing  within twelve months  from 
the date  of the  communication  of the  adoption.  The  Depositary  shall  without 
delay  notify  all  Parties  of any such notification  received. A  Party may  at  any 
time  substitute  an  acceptance  for  its previous  notification  and, upon  deposit 
of  an  instrument  of  acceptance with  the  Depositary,  the  amendments  to such  an 
annex  shall become  effective  for that  Party. 

6. 
On the  expiry  of twelve months  from" the date  of  its communication by  the 
Depositary  as provided  for  in paragraph  4 above  an amendment  to an annex  shall 
become  effective  for  those  Parties which have  not  submitted  a notification 

to 

\Y 

ECE/CEP/43 
page  18 

the  Depositary  in accordance  with the provisions  of paragraph  5 above, 
provided  that  not more  than one third  of the  Parties  have  submitted  such a 
notification. 

For  the purposes  of this article,  "Parties  present  and'voting" means 

7. 
Parties  present  and  casting an affirmative  or negative  vote. 

Article  15 

REVIEW  OF  COMPLIANCE 

The  Meeting  of the  Parties  shall  establish,  on a consensus basis, 
optional  arrangements  of a non-confrontational,  non-judicial  and  consultative 
nature  for  reviewing  compliance  with the provisions  of this  Convention.  These 
arrangements  shall  allow  for appropriate.public  involvement  and may  include 
the  option  of  considering  communications  from members  of  the public  on matters 
related  to  this  Convention. 

Article  16 

SETTLEMENT  OF  DISPUTES 

If  a dispute  arises between  two or more  Parties  about  the  interpretation 

1. 
or application  of  this Convention,  they shall  seek  a  solution by  negotiation 
or by  any  other means  of dispute  settlement  acceptable  to  the parties  to  the 
dispute. 

When  signing,  ratifying,  accepting,  approving  or acceding  to  this 

2. 
Convention,  or  at  any time thereafter,  a Party may  declare  in writing  to  the 
Depositary  that,  for  a dispute not  resolved  in accordance  with paragraph  1 
above,  it  accepts  one or both of the  following means  of dispute  settlement  as 
compulsory  in  relation  to any  Party  accepting  the  same  obligation: 

(a) 

Submission  of the dispute  to the  International  Court  of  Justice; 

(b)  ' Arbitration  in accordance  with  the procedure  set out  in annex II. 

If  the  parties  to the dispute  have  accepted  both means  of  dispute 
3. 
settlement  referred  to  in paragraph  2 above,  the dispute  may be  submitted  only 
to the  International  Court  of Justice, unless  the parties  agree  otherwise. 

IS 

ECE/CEP/4 3 
page 19 

Article  17 

SIGNATURE 

This Convention shall be open for signature at Aarhus  (Denmark) on 25 

June 1998, and thereafter at United Nations Headquarters .in New York until 
21 December 199"8, by States members of the Economic Commission for Europe as 
well as States having consultative status with the Economic Commission for 
Europe pursuant to paragraphs 8 and 11 of Economic and Social Council 
resolution 36  (IV) of 28 March 1947, and by regional economic integration 
organizations constituted by sovereign States members of the Economic 
Commission for Europe to which their member States have transferred competence 
over matters governed by this Convention, including the competence to enter 
into treaties in respect of these matters. 

Article 18 

DEPOSITARY 

The Secretary-General of the United Nations shall act. as the Depositary 

of this Convention. 

Article 19 

RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION 

This Convention shall be subject to ratification, acceptance or approval 

1. 
by signatory States and regional economic integration organizations. 

This-Convention shall be open for accession as from 22 December 1998 by 

2. 
the States and regional economic integration organizations referred to in 
article 17. 

Any other State, not referred to in paragraph 2 above, that is a Member 

3. 
of the United Nations may accede to the Convention upon approval by the 
Meeting of the Parties. 

Any organization referred to in article 17 which becomes a Party to this 

4. 
Convention without any of its member States being a Party shall be bound by 
all the obligations under this Convention. If one or more of such an 
organization's member States is a Party to this Convention, the organization 
and its member States shall decide on their respective responsibilities for 
the performance of their obligations under this Convention. In such cases, the 
organization and the member States shall not be entitled to exercise rights 
under this Convention concurrently. 

In their instruments of ratification, acceptance, approval or accession, 

5. 
the'regional economic integration organizations referred to in article 17 
shall declare the extent of their competence with respect to the matters 

'3 

ECE/CEP/43 
page 20 

governed by this Convention. These organizations shall also inform the 
Depositary of any substantial modification to the extent of their competence, 

Article 20 

ENTRY INTO FORCE 

This Convention shall enter into force on the ninetieth day after the 

1. 
date of deposit of the sixteenth instrument of ratification, acceptance, 
approval or accession. 

For the purposes of paragraph 1 above, any instrument deposited by a 

2. 
regional economic integration organization shall not be counted as additional 
to those deposited by States members of such an organization. 

For each State or organization referred to in article 17 which ratifies, 

3. 
accepts or approves this Convention or accedes thereto after the deposit of 
the sixteenth instrument of ratification, acceptance, approval or accession, 
the Convention shall enter into force on the ninetieth day after the date of 
deposit by.such State or organization of its instrument of ratification, 
acceptance, approval or accession. 

Article 21 

WITHDRAWAL 

At any time after three years from the date on which this Convention has 

come into force with respect to a Party, that Party may withdraw from the 
Convention by giving written notification to the Depositary. Any such 
withdrawal shall take effect on the ninetieth day after the date of its 
receipt by the Depositary. 

Article 22 

AUTHENTIC  TEXTS 

The original of this Convention, of which the English, French and 

Russian texts are equally authentic, shall be deposited with the 
Secretary-General of the United Nations. 

IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have 

signed this Convention. 

DONE at Aarhus  (Denmark), this twenty-fifth day of June, one thousand 

nine hundred and ninety-eight. 

I* 

ECE/CEP/4 3 
page 21 
Annex I 

Annex I 

LIST OF ACTIVITIES REFERRED TO IN ARTICLE  6, PARAGRAPH  1  (a) 

Energy sector: 

Mineral oil and gas refineries; 
Installations for gasification and liquefaction; 
Thermal power stations and other combustion installations with a 
heat input of 50 megawatts  (MW)or more; 
Coke ovens; 
Nuclear power stations and other nuclear reactors including the 
dismantling or decommissioning of such power stations or reactors 
1/  (except research installations for the production and 
conversion of fissionable and fertile materials whose maximum 
power does not exceed 1 kW continuous thermal load); 
Installations for the reprocessing of irradiated nuclear fuel; 
Installations designed: 

For the production or enrichment of nuclear fuel; 
For the processing of irradiated nuclear fuel or high-level 
radioactive waste; 
For the final disposal of irradiated nuclear fuel; 
Solely for the final disposal of radioactive waste; 
Solely for the storage  (planned for more than 10 years) of 
irradiated nuclear fuels or radioactive waste in a different 
site than the production site. 

Production and processing of metals: 

Metal ore  (including sulphide ore) roasting or sintering 
installations; 
Installations for the production of pig-iron or steel  (primary or 
secondary fusion), including continuous casting, with a capacity 
exceeding 2.5 tons per hour; 
Installations for the processing of ferrous metals: 

(i) 

Hot-rolling mills with a capacity exceeding 20 tons of crude 
steel per hour; 

(ii)  Smitheries with hammers the energy of which exceeds 50 

kilojoules per hammer, where the calorific power used 
exceeds 20 MW; 

(iii)  Application of protective fused metal coats with an input 

exceeding 2 tons of crude steel per hour; 

Ferrous metal foundries with a production capacity exceeding 20 
tons per day; 

Z\ 

ECE/CEP/43 
page 22 
Annex I 

Installations: 

(i) 

For the production of non-ferrous crude metals from ore, 
concentrates or secondary raw materials by. metallurgical, 
chemical or electrolytic processes; 

(ii)  For the smelting, including the alloying, of non-ferrous 

metals, including recovered products  (refining, foundry 
casting, etc.), with a melting capacity exceeding 4 tons per 
day for lead and cadmium or 20 tons per day for all other 
metals; 

Installations for surface treatment of metals and plastic 
materials using an electrolytic or chemical process where the 
volume of the treatment vats exceeds 30 m 

3. 

3. 

Mineral industry: 

Installations for the production of cement clinker in rotary kilns 
with a production capacity exceeding 500 tons per day or lime in 
rotary kilns with a production capacity exceeding 50 tons per day 
or in other furnaces with a production capacity exceeding 50 tons 
per day; 
Installations for the production of asbestos and the manufacture 
of asbestos-based products'; 
Installations for the manufacture of glass including glass fibre 
with a melting capacity exceeding 20 tons per day; 
Installations for melting mineral substances including the 
production of mineral fibres with a melting capacity exceeding 20 
tons per day; 
Installations for the manufacture of ceramic products by firing, 
in particular roofing tiles, bricks, refractory bricks, tiles, 
stoneware or porcelain, with a production capacity exceeding 75 
tons per day, and/or with a kiln capacity exceeding 4 
setting density per kiln exceeding 300 kg/  m3. 

m3 and with a 

4. 
Chemical industry: Production within the meaning of the categories of 
activities contained in this paragraph means the production on an industrial 
scale by chemical processing of substances or groups of substances listed in 
subparagraphs  (a) to  (g) : 

(a) 

Chemical installations for the production of basic organic 

chemicals, such as: 

(i) 

(ii) 

- (iii) 
(iv) 

Simple hydrocarbons  (linear or cyclic, saturated or 
unsaturated, aliphatic or aromatic); 
Oxygen-containing hydrocarbons such as alcohols, 
aldehydes, ketones, carboxylic acids, esters, acetates, 
ethers, peroxides, epoxy resins; 
Sulphurous hydrocarbons; 
Nitrogenous hydrocarbons such as amines, amides, nitrous 
compounds, nitro compounds or nitrate compounds, 
nitriies, cyanates, isocyanates; 

VL 

ECE/CEP/4 3 
page  23 
Annex  I 

(v) 
(vi) 
(vii) 
(viii) 

(ix) 
(x) 
(xi) 

Phosphorus-containing  hydrocarbons; 
Halogenic  hydrocarbons; 
Organometallic  compounds; 
Basic plastic materials  (polymers,  synthetic  fibres  and 
cellulose-based  fibres); 
Synthetic  rubbers; 
Dyes and pigments; 
Surface-active  agents  and  surfactants; 

(b) 

Chemical  installations  for the production  of basic  inorganic 

chemicals,  such as: 

(i) 

Gases, such as ammonia,  chlorine  or hydrogen  chloride, 
fluorine  or hydrogen  fluoride,  carbon  oxides,  sulphur 
compounds,  nitrogen  oxides, hydrogen,  sulphur dioxide, 
carbonyl  chloride; 

(ii)  Acids, such as chromic  acid,  hydrofluoric  acid,  phosphoric 

acid,  nitric  acid,  hydrochloric  acid,  sulphuric  acid,  oleum, 
sulphurous  acids; 

(iii)  Bases, such as  ammonium  hydroxide, potassium hydroxide, 

sodium  hydroxide; 

>(iv)  Salts, such as ammonium  chloride, potassium  chlorate, 

potassium carbonate,  sodium  carbonate, perborate,  silver 
nitrate; 
Non-metals, metal  oxides  or  other  inorganic  compounds  such 
as  calcium carbide,  silicon,  silicon  carbide; 

(v) 

(c) 

Chemical  installations  for the production  of phosphorous-, 

nitrogen-  or potassium-based  fertilizers  (simple  or  compound  fertilizers) ; 

(d) 

Chemical  installations  for the production  of basic  plant 

health  products  and of biocides; 

' 

(e) 

Installations  using  a chemical  or biological  process  for the 

production of basic pharmaceutical  products; 

(f) 

Chemical  installations  for the production  of explosives; 

(g) 

Chemical  installations  in which  chemical  or biological  processing 

is used  for  the production  of protein  feed  additives,  ferments  and  other 
protein  substances. 

•5. 

Waste  management: 

Installations  for the  incineration,  recovery,  chemical  treatment 
or  landfill  of hazardous  waste; 
Installations  for the  incineration  of municipal  waste with a 
capacity  exceeding  3 tons per  hour; 
Installations  for the disposal  of non-hazardous  waste with a 
capacity  exceeding  50 tons per  day; 

n 1 

ECE/CEP/43 
page  24 
Annex  I 

Landfills  receiving more than  10 tons per  day  or with  a  total 
capacity  exceeding  25 000 tons,  excluding  landfills  of  inert 
waste. 

Waste-water  treatment  plants with a capacity  exceeding  150  000 

6. 
population  equivalent. 

7. 

Industrial  plants  for the: 

(a) 

Production  of pulp  from timber or similar  fibrous materials; 

(b) 
20 tons per  day. 

Production  of paper and board with a production  capacity  exceeding' 

8.  . (a) 
airports  2/  with  a basic  runway  length of 2 100 m  or more; 

Construction  of lines  for long-distance  railway  traffic  and of 

(b) 

Construction  of motorways  and express  roads; 

3/ 

(c) 

Construction  of a new road of four or more  lanes, or  realignment 
and/or widening  of  an existing  road of two lanes or  less  so as to provide  four 
or more  lanes, where  such new road,  or realigned  and/or  widened  section  of 
road,  would  be  10  km "or more  in a continuous  length. 

9. 
permit  the passage  of vessels  of over  1 350 tons; 

Inland  waterways  and ports  for inland-waterway  traffic  which 

(a) 

(b) 

Trading  ports, piers  for  loading  and unloading  connected  to  land 

and  outside  ports  (excluding  ferry piers) which can take vessels  of  over  1 350 
tons. 

10. 
Groundwater  abstraction  or artificial  groundwater  recharge  schemes  where 
the  annual  volume  of water  abstracted  or recharged  is equivalent  to or  exceeds 
10 million  cubic metres. 

(a) 

Works  for the transfer of water  resources between  river  basins 

11. 
where  this  transfer  aims  at preventing  possible  shortages  of water  and  where 
the  amount  of water  transferred  exceeds  100 million  cubic  metres/year; 

(b) 

In all  other  cases, .works for the transfer  of water  resources 

between  river basins  where  the multiannual average  flow of the basin  of 
abstraction  exceeds  2 000 million  cubic metres/year  and where  the  amount  of 
water  transferred  exceeds  5% of this  flow. 

In both  cases  transfers  of piped drinking  water are  excluded. 

Extraction  of petroleum  and natural  gas  for commercial  purposes  where 

12. 
the amount  extracted  exceeds  500 tons/day  in the case  of petroleum  and  500  000 
cubic metres/day  in the  case of gas. 

2v 

ECE/CEP/4 3 
page  25 
Annex  I 

Dams  and other  installations  designed  for the holding back or  permanent 

13. 
storage  of water, where  a new or additional  amount  of water held back  or 
stored  exceeds  10 million  cubic metres.. 

% 

Pipelines  for the transport  of gas, oil or chemicals  with a  diameter  of 

14. 
more than  800 mm  and  a length of more  than  40 km. 

15. 

Installations  for the intensive r  earing  of poultry  or pigs with more than: 

(a) 

40 000 places  for poultry; 

(b) 

2 000 places  for production pigs  (over 30 kg) ; or 

(c) 

750 places  for sows. 

-

16. 
Quarries  and  opencast  mining  where  the  surface  of  the  site  exceeds  2 
hectares,  or  peat  extraction,  where  the  surface  of  the  site  exceeds  15 
hectares. 

Construction  of  overhead  electrical  power  lines with  a voltage  of  220 k 

17. 
or more  and  a length  of more  than  15 km. 

5 
0 

V 

18.  . Installations  for  the  storage  of  petroleum,  petrochemical,  or  cheraica 
products  with  a capacity  of  200 000 tons or more. 

1 

19. 

Other  activities: 

Plants  for the pretreatment  (operations such as washing, 
bleaching, mercerization) or dyeing  of  fibres or textiles  where 
the  treatment  capacity exceeds  10 tons per day; 
Plants  for the tanning  of hides and  skins where the  treatment 
capacity  exceeds  12 tons of  finished products per day; 
(a) 

Slaughterhouses  with a carcass production capacity  greater 
than  50 tons per  day; 

(b) 

Treatment  and processing  intended  for the production  of  food 
products  from: 

(i) 

Animal  raw materials  (other than milk) with  a  finished 
product production  capacity greater than ,75 tons per 
day; 

(ii)  Vegetable  raw materials  with a finished  product 

production  capacity greater than  300 tons per day 
(average value on a quarterly  basis); 

(c) 

Treatment  and processing  of milk, the quantity of milk 
received being  greater  than 200 tons per day  (average value 
on an annual  basis); 

25 

ECE/CEP/43 
page 26 
Annex I 

Installations for the disposal or recycling of animal carcasses 
and animal waste with a treatment capacity exceeding 10 tons per 
day; 
v Installations for the surface treatment of substances, objects or 
products using organic solvents, in particular for "dressing, 
printing, coating, degreasing, waterproofing, sizing, painting, 
cleaning or impregnating, with a consumption capacity of more than 
150 kg per hour or more than 200 tons per year; 
Installations for the production of carbon  (hard-burnt coal) or 
electrographite by means of incineration or graphitization. 

Any activity not covered by paragraphs 1-19 above where public 

20. 
participation is provided for under an environmental impact assessment 
procedure in accordance with national legislation. 

The provision of article 6, paragraph 1  (a) of this Convention, does not 

21. 
apply to any of the above projects undertaken exclusively or mainly for 
research, development and testing of new methods or products for less than two 
years unless they would be likely to cause a significant adverse effect on 
environment or health. 

Any change to or extension of activities, where such a change or 
22. 
extension in itself meets the criteria/thresholds set out in this annex, shall 
be subject to article 6, paragraph 1  (a) of this Convention. Any other change 
or extension of activities shall be subject to article 6, paragraph 1  (b) of 
this Convention. 

Notes 

1/ 

Nuclear power stations and other nuclear reactors cease to be such 

an installation when all nuclear fuel and other radioactively contaminated 
elements have been removed permanently from the installation site. 

2/ For the purposes of this Convention, "airport" means an airport which 

complies with the definition in the 1944 Chicago Convention setting up the 
International Civil Aviation Organization  (Annex 14). 

3/ For the purposes of this Convention, "express road" means a road 

which complies with the definition in the European Agreement on Main 
International Traffic Arteries of 15 November 1975. 

^4 

ECE/CEP/4 3 
page 27 
Annex II 

Annex  II 

ARBITRATION 

In the event of a dispute being submitted for arbitration pursuant to 
1. 
article 16, paragraph 2, of this Convention, a party or parties shall notify 
the secretariat of the subject matter of arbitration and indicate, in 
particular, the articles of this Convention whose interpretation or 
application is at issue. The secretariat shall forward the information 
received to all Parties to this Convention. 

The arbitral tribunal shall consist of three members. Both the claimant 

2. 
party or parties and the other party or parties to the dispute shall appoint 
an arbitrator, and the two arbitrators  so  appointed shall designate by common 
agreement the third arbitrator, who shall be the president of the arbitral 
tribunal. The latter shall not be a national of one of the parties to the 
dispute, nor have his or her usual place of residence in the territory of one 
of these parties, nor be employed by any of them, nor have dealt with the case 
in any other capacity. 

If the president of the arbitral tribunal has not been designated within 

3. 
two months of the appointment of the second arbitrator, the Executive 
Secretary of the Economic Commission for Europe shall, at the request of 
either party to the dispute, designate the president within a further 
two-month period. 

If one of the parties to the dispute does not appoint an arbitrator 

4. 
within two months of the receipt of the request, the other party may so inform 
the Executive Secretary of the Economic Commission for Europe, who shall 
designate the president of the arbitral tribunal within a further two-month 
period.  Upcn designation, the president of the arbitral tribunal shall 
request the party which has not appointed an arbitrator to do so within two 
months.  If it fails to do so within that period, the president shall so 
inform the Executive Secretary of the Economic "Commission for Europe, who 
shall make this appointment within a further two-month period. 

The arbitral tribunal shall render its decision in accordance with 

5. 
international law and the provisions of this Convention. 

Any arbitral tribunal constituted under the provisions set out in this 

6. 
annex shall draw up its own rules of-procedure. 

The decisions of the arbitral tribunal, both on procedure and on 

7. 
substance, shall be taken by majority vote of its members. 

8. 

The tribunal may take all appropriate measures to establish the facts. 

The parties to the dispute shall facilitate the work of the arbitral 

9. 
tribunal and, in particular, using all means at their disposal, shall: 

2? 

ECE/CEP/43 
page  28 
Annex  II 

(a) 

Provide  it with all relevant  documents,  facilities  and 

information; 

(b)  . Enable  it, where necessary, to call witnesses  or experts  and 

receive  their  evidence. 

The parties  and the arbitrators shall protect  the  confidentiality  of  any 

10. 
information  that  they receive  in confidence during the proceedings  of  the 
arbitral  tribunal. 

The  arbitral  tribunal may, at the request  of one of the parties, 

11. 
recommend  interim measures of protection. 

If one  of the parties to the dispute does not  appear before  the  arbitral 
12. 
tribunal  or  fails to defend its case, the other party may  request  the  tribunal 
to continue  the proceedings  and to render  its  final decision.  Absence of a 
party or  failure  of. a party to defend  its case shall not  constitute  a bar  to 
the proceedings. 

The  arbitral  tribunal may hear and determine  counter-claims  arising 

13. 
directly  out  of the  subject matter of the dispute. 

14. 
Unless  the arbitral tribunal determines otherwise  because of  the 
particular  circumstances  of the case, the expenses  of the tribunal,  including 
the  remuneration  of  its members, shall be borne by the parties  to the  dispute 
in equal  shares.  The tribunal shall  keep a record of all  its expenses, and 
shall  furnish  a  final statement  thereof to the parties. 

15. 
Any  Party to this Convention which has an interest  of a legal nature  in 
the subject matter  of the dispute, and which may be affected  by a decision  in 
the case, may  intervene  in the proceedings with the consent  of the tribunal. 

The  arbitral  tribunal  shall render  its award within  five months  of  the 

16. 
date on which  it  is established,  unless  it finds  it necessary  to extend  the 
time  limit  for a period  which should not exceed  five  months. 

The award  of the arbitral  tribunal  shall be accompanied  by a  statement 

17. 
of reasons.  It  shall be  final and binding upon all parties  to the dispute. 
The award  will be  transmitted by the arbitral tribunal  to the parties  to  the 
dispute  and  to the  secretariat. The secretariat  will  forward  the  information 
received  to all  Parties to this Convention. 

18. 
Any  dispute which may arise between the parties  concerning  the 
interpretation  or execution of the award may be  submitted by  either party  to 
the arbitral  tribunal  which made the award or, if the  latter cannot.be  seized 
thereof, to another  tribunal constituted  for this purpose  in the  same manner 
as the  first. 

z.% 

ISSN 0254-1475 

COM(98) 344 final 

DOCUMENTS 

EN 

14  11  06 

Catalogue number  :  CB-C0-98-352-EN-C 

ISBN  92-78-36828-8 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

23