Convention on access to information, public participation in decision‐making and access to justice in environmental matters - Declarations
Date: 1998-06-25
Institutions: Albania, Armenia, Austria, Azerbaijan, Belarus, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, European Community, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Kazakhstan, Kyrgyzstan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, Slovenia, Spain, Sweden, Switzerland, Tajikistan, Ukraine, United Kingdom, United Nations Organisation
Subjects: EU environmental policy, UN convention, access to information, decision-making, disclosure of information, environmental monitoring, international cooperation, multilateral agreement, transparency in decision-making

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CONVENTION ON ACCESS TO INFORMATION, PUBLIC PARTICIPATION IN DECISION‑MAKING AND
ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS

done at Aarhus, Denmark, on 25 June 1998

The Parties to this Convention,

Recalling principle l of the Stockholm Declaration on the Human Environment,

Recalling also principle 10 of the Rio Declaration on Environment and Development,

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,

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

Recognising 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,

Recognising 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,

Recognising 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,

Recognising the desirability of transparency in all branches of government and inviting legislative bodies to
implement the principles of this Convention in their proceedings,

Recognising 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,

Recognising further the importance of the respective roles that individual citizens, non-governmental organisations
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,

Recognising 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,

Acknowledging that public authorities hold environmental information in the public interest,

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Concerned that effective judicial mechanisms should be accessible to the public, including organisations, 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,

Recognising 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,

the adoption of

Conscious that
the
‘Environment for Europe’ process and to the results of the Fourth Ministerial Conference in Aarhus, Denmark, in June
1998,

this Convention will have contributed to the further strengthening of

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 adequate 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.

Article 2

Definitions

(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
organisation 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;

For the purposes of this Convention,

‘Environmental information’ means any information in
3.
written, visual, aural, electronic or any other material form on:

‘Party’ means, unless the text otherwise indicates, a

1.
Contracting Party to this Convention;

(a)

2.

‘Public authority’ means:

the state of elements of the environment, such as air and
atmosphere, water, soil, land, landscape and natural sites,
biological diversity and its
including
genetically modified organisms, and the interaction
among these elements;

components,

(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;

(b)

factors, such as substances, energy, noise and radiation,
including administrative
and activities or measures,
measures, environmental agreements, policies,
legisla-
tion, plans and programmes, affecting or likely to affect
the elements of the environment within the scope of

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subparagraph(a) above, and cost-benefit and other
economic analyses and assumptions used in environ-
mental decision-making;

decision-making and access
matters.

to justice in environmental

(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,
4.
and, in accordance with national legislation or practice, their
associations, organisations or groups;

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
organisations in matters relating to the environment.

Each Party shall ensure that persons exercising their rights
8.
in conformity with the provisions of this Convention shall not
be penalised, persecuted or harassed in any way for their
involvement. This provision shall not affect the powers of
national
in judicial
to award reasonable
proceedings.

courts

costs

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

the relevant provisions of

9. Within the scope of
this
Convention, the public shall have access to information, have
the possibility to participate in decision-making and have
access to justice in environmental matters without discrimina-
tion 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 3

Article 4

General provisions

Access to environmental information

1.
Each Party shall take the necessary legislative, regulatory
and other measures, including measures to achieve compat-
ibility 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.

4.
Each Party shall provide for appropriate recognition of
and support to associations, organisations or groups promot-
ing environmental protection and ensure that its national legal
system is consistent with this obligation.

5. The provisions of this Convention shall not affect the
right of a Party 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.

1.
Each Party shall ensure that, subject to the following
paragraphs of this Article, public authorities, in response to a
request for environmental information, make such informa-
tion available to the public, within the framework of national
legislation,
to
subparagraph (b) below, copies of the actual documentation
containing or comprising such information:

requested and subject

including, where

(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.

2. The environmental information referred to in paragraph 1
above shall be 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:

6. This Convention shall not require any derogation from
existing rights of access to information, public participation in

(a)

the public authority to which the request is addressed
does not hold the environmental information requested;

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the request is manifestly unreasonable or formulated in
too general a manner; or

information exempted, public authorities make available the
remainder of the environmental information that has been
requested.

(b)

(c)

the request concerns material in the course of comple-
tion 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.

4. A request for environmental information may be refused
if the disclosure would adversely affect:

(a)

(b)

(c)

(d)

the confidentiality of the proceedings of public autho-
rities, where such confidentiality is provided for under
national law;

international
security;

relations, national defence or public

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;

the confidentiality of commercial and industrial informa-
tion, 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;

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

(e)

intellectual property rights;

1.

Each Party shall ensure that:

(f)

(g)

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

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 and taking into account whether the informa-
tion requested relates to emissions into the environment.

5. Where a public authority does not hold the environ-
mental information requested, this public authority shall, as
promptly as possible,
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.

inform the applicant of

Each Party shall ensure that,

6.
if information exempted
from disclosure under paragraphs 3(c) and 4 above can be
separated out without prejudice to the confidentiality of the

(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.

2.
Each Party shall ensure that, within the framework of
national legislation, the way in which public authorities make
environmental information available to the public is trans-
parent 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 condi-
tions under which such information is made available
and accessible, and the process by which it can be
obtained;

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(b)

establishing and maintaining practical arrangements,
such as:

voluntary eco-labelling or eco-auditing schemes or by other
means.

(i)

publicly accessible lists, registers or files;

7.

Each Party shall:

(ii)

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

(a)

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

(iii)

the identification of points of contact; and

(c)

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

to the environmental

3.
each Party shall ensure that environmental information
progressively becomes available in electronic databases which
are easily accessible to the public through public telecommu-
nications networks. Information accessible in this form should
include:

(a)

reports on the state of the environment, as referred to in
paragraph 4 below;

(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 agree-
ments; 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 Conven-
tion, provided that such information is already available
in electronic form.

4.
Each Party shall, at regular intervals not exceeding three
or four 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.

(b) publish, or otherwise make accessible, available explana-
tory 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 govern-
ment at all levels.

8.
Each Party shall develop mechanisms with a view to
ensuring that sufficient product information is made available
to the public in a manner which enables consumers to make
informed environmental choices.

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

specified range of activities

from a

10. Nothing in this article may prejudice the right of Parties
to refuse to disclose certain environmental
information in
accordance with Article 4(3) and (4).

Article 6

Public participation in decisions on specific activities

Each Party shall take measures within the framework of

5.
its legislation for the purpose of disseminating, inter alia:

1.

Each Party:

(a)

(b)

(c)

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 govern-
ment;

international treaties, conventions and agreements on
environmental issues; and

(a)

(b)

other significant international documents on environ-
mental issues, as appropriate.

shall apply the provisions of this article with respect to
decisions on whether to permit proposed activities listed
in Annex I;

shall, in accordance with its national law, also apply the
this article to decisions on proposed
provisions of
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

6.
Each Party shall encourage operators whose activities have
a significant impact on the environment to inform the public
regularly of the environmental impact of their activities and
framework of
appropriate within the
products, where

(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.

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2. The public concerned shall be informed, either by public
notice or individually as appropriate, early in an environ-
mental decision-making procedure, and in an adequate, timely
and effective manner, inter alia, of:

(a)

the proposed activity and the application on which a
decision will be taken;

(b)

the nature of possible decisions or the draft decision;

(c)

the public authority responsible for making the decision;

(d)

the envisaged procedure,
information can be provided:

including, as and when this

(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) an indication of the public authority from which
relevant information can be obtained and where the
relevant information has been deposited for exam-
ination by the public;

(v)

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 proce-
dure.

3. The public participation procedures shall include reason-
able 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.

4.
Each Party shall provide for early public participation,
when all options are open and effective public participation
can take place.

5.
Each Party should, where appropriate, encourage pro-
spective applicants to identify the public concerned, to enter
into discussions, and to provide information regarding the
objectives of their application before applying for a permit.

6.
Each Party shall require the competent public authorities
to give the public concerned access for examination, upon
request where so required under national law, free of charge
and as soon as it becomes available, to all 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(3) and (4).

The relevant information shall include at least, and without
prejudice to the provisions of Article 4:

(a)

(b)

(c)

a description of the site and the physical and technical
characteristics of
including an
estimate of the expected residues and emissions;

the proposed activity,

a description of the significant effects of the proposed
activity on the environment;

a description of the measures envisaged to prevent and/
or reduce the effects, including emissions;

(d)

a non-technical summary of the above;

(e)

(f)

an outline of
applicant; and

the main alternatives studied by the

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.

7.
Procedures for public participation shall allow the public
to submit, in writing or, as appropriate, at a public hearing or
information,
inquiry with the applicant, any comments,
analyses or opinions that it considers relevant to the proposed
activity.

Each Party shall ensure that in the decision due account is

8.
taken of the outcome of the public participation.

9.
Each Party shall ensure that, when the decision has been
taken by the public authority, the public is promptly informed
of the decision in accordance with the appropriate procedures.
Each Party shall make accessible to the public the text of the
decision along with the reasons and considerations on which
the decision is based.

10.
Each Party shall ensure that, when a public authority
reconsiders or 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 environ-
ment.

Article 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(3), (4) and (8), shall be applied. The public which

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may participate shall be identified by the relevant public
authority, taking into account the objectives of this Conven-
tion. To the extent appropriate, each Party shall endeavour to
provide opportunities for public participation in the prepara-
tion 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 participa-
tion 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

1.
Each Party shall, within the framework of its national
legislation, 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 in 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.

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

2.
legislation, ensure that members of the public concerned:

(a)

having a sufficient interest or, alternatively,

(b) maintaining impairment of a right, where the adminis-
law of a Party requires this as a
trative procedural
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 with 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 organisation meeting the requirements referred
to in Article 2(5), shall be deemed sufficient for the purpose of
subparagraph (a) above. Such organisations 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
such a
recourse
requirement exists under national law.

review procedures, where

to judicial

to the

In addition and without prejudice

review
3.
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
law relating to the
environment.

its national

4.
In addition and without prejudice to paragraph 1 above,
the procedures referred to in paragraphs 1, 2 and 3 above shall
provide adequate and effective remedies, including injunctive
relief as appropriate, and be fair, 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
5.
this article, 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
reduce
appropriate assistance mechanisms to remove or
financial and other barriers to access to justice.

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Article 10

Meeting of the parties

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

2. At their meetings, the Parties shall keep under continuous
review the implementation of this Convention on the basis of
regular reporting by the Parties, and, with this purpose in
mind, shall:

(a)

(b)

(c)

review the policies for and legal and methodological
approaches to access to information, public participation
in decision-making and access to justice in environ-
mental matters, with a view to further improving them;

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;

seek, where appropriate, the services of relevant ECE
bodies and other competent international bodies and
to the
specific committees in all aspects pertinent
achievement of the purposes of this Convention;

(d)

establish any subsidiary bodies as they deem necessary;

(e)

(f)

(g)

(h)

(i)

prepare, where appropriate, protocols to this Conven-
tion;

consider and adopt proposals for amendments to this
Convention in accordance with the provisions of
Article 14;

consider and undertake any additional action that may be
required for the achievement of the purposes of this
Convention;

at their first meeting, consider and by consensus adopt
rules of procedure for their meetings and the meetings of
subsidiary bodies;

their

first meeting,

at
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
and developments,
account

international processes

including the elaboration of an appropriate instrument
concerning pollution release and transfer registers or
inventories which could be annexed to this Convention.

3. The Meeting of the Parties may, as necessary, consider
establishing financial arrangements on a consensus basis.

4. The United Nations,
its specialised agencies and the
International Atomic Energy Agency, as well as any State or
regional economic integration organisation entitled under
Article 17 to sign this Convention but which is not a Party to
this Convention, and any intergovernmental organisation
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 organisation, 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.

6.
For the purposes of paragraphs 4 and 5 above, the rules
of procedure 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

1.
this Convention shall have one vote.

2. Regional economic integration organisations, in matters
within their 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 organisations 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;

(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.

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Article 13

Annexes

Article 15

Review of compliance

The annexes to this Convention shall constitute an integral
part thereof.

Article 14

Amendments to the Convention

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.

1. Any Party may propose amendments to this Convention.

Article 16

2. The text of any proposed amendment to this Convention
shall be submitted in writing to the Executive Secretary of the
Economic Commission for Europe, who shall communicate it
to all Parties at least 90 days before the meeting of the Parties
at which it is proposed for adoption.

3. The Parties shall make every effort to reach agreement on
any proposed 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-quarter majority vote of the Parties present
and voting at the meeting.

ratification,

4. Amendments to this Convention adopted in accordance
with paragraph 3 above shall be communicated by the
Depositary to all Parties
approval or
for
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 90th day after the receipt
by the Depositary of notification of their ratification, approval
or acceptance by at
these Parties.
Thereafter they shall enter into force for any other Party on the
90th day after that Party deposits its instrument of ratification,
approval or acceptance of the amendments.

three fourths of

least

5.
Party that is unable to approve an amendment to an
annex to this Convention shall so notify the Depositary in
writing within 12 months from the date of the communica-
tion 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.

Settlement of disputes

1.
If a dispute arises between two or more Parties about the
interpretation 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.

2. When signing, ratifying, accepting, approving or acceding
to this 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
3.
dispute settlement referred to in paragraph 2 above,
the
dispute may be submitted only to the International Court of
Justice, unless the parties agree otherwise.

Article 17

Signature

its
6. On the expiry of 12 months from the date of
in
communication by the Depositary as provided for
paragraph 4 above an amendment to an annex shall become
effective for
those Parties which have not submitted a
notification to the Depositary in accordance with the
provisions of paragraph 5 above, provided that not more
the Parties have submitted such a
than one third of
notification.

For the purposes of this Article,

‘Parties present and
7.
voting’ means Parties present and casting an affirmative or
negative vote.

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 1998, by States'
members of the Economic Commission for Europe as well as
States having consultative status with the Economic Commis-
sion 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 organisations 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.

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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

1. This Convention shall be subject to ratification, accep-
tance or approval by signatory States and regional economic
integration organisations.

2. This Convention shall be open for accession as from
22 December 1998 by the States and regional economic
integration organisations referred to in Article 17.

3. Any other State, not referred to in paragraph 2 above, that
is a Member of
the United Nations may accede to the
Convention upon approval by the Meeting of the Parties.

4. Any organisation referred to in Article 17 which becomes
a Party to this 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 organisation's Member
States is a Party to this Convention, the organisation and its
Member States shall decide on their respective responsibilities
for the performance of their obligations under this Conven-
tion. In such cases, the organisation and the Member States
shall not be entitled to exercise rights under this Convention
concurrently.

5.
In their instruments of ratification, acceptance, approval
or accession, the regional economic integration organisations
referred to in Article 17 shall declare the extent of their
competence with respect to the matters governed by this
Convention. These organisations
shall also inform the
Depositary of any substantial modification to the extent of
their competence.

Article 20

Entry into force

1. This Convention shall enter into force on the 90th day
after the date of deposit of the 16th instrument of ratification,
acceptance, approval or accession.

2.
For the purposes of paragraph 1 above, any instrument
deposited by a regional economic integration organisation
shall not be counted as additional to those deposited by States
members of such an organisation.

3.
For each State or organisation referred to in Article 17
which ratifies, accepts or approves this Convention or accedes
the sixteenth instrument of
thereto after the deposit of
ratification, acceptance, approval or accession, the Convention
shall enter into force on the 90th day after the date of deposit
by such State or organisation 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 90th 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
authorised thereto, have signed this Convention.

the undersigned, being duly

DONE at Aarhus (Denmark), this twenty-fifth day of June, one
thousand nine hundred and ninety-eight.

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ANNEX I

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

1.

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) 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.

2.

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 tonnes per hour,

— installations for the processing of ferrous metals:

(i)

hot-rolling mills with a capacity exceeding 20 tonnes 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 tonnes of crude steel per hour;

(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.

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— ferrous metal foundries with a production capacity exceeding 20 tonnes per day,

— installations:

(i)

(ii)

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

for the smelting, including the alloying, of non-ferrous metals, including recovered products (refining,
foundry casting, etc.), with a melting capacity exceeding 4 tonnes per day for lead and cadmium or
20 tonnes 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 m3.

3. Mineral industry:

— installations for the production of cement clinker in rotary kilns with a production capacity exceeding
500 tonnes per day or lime in rotary kilns with a production capacity exceeding 50 tonnes per day or in other
furnaces with a production capacity exceeding 50 tonnes 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 tonnes per

day,

— installations for melting mineral substances including the production of mineral fibres with a melting capacity

exceeding 20 tonnes 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 tonnes per day, and/or with a kiln
capacity exceeding 4 m3 and with a setting density per kiln exceeding 300 kg/m3.

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)

simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);

(ii)

oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones, carboxylic acids, esters, acetates,
ethers, peroxides, epoxy resins;

(iii)

sulphurous hydrocarbons;

(iv) nitrogenous hydrocarbons such as amines, amides, nitrous compounds, nitro compounds or nitrate

compounds, nitriles, cyanates, isocyanates;

(v)

phosphorus-containing hydrocarbons;

(vi) halogenic hydrocarbons;

(vii) organometallic compounds;

(viii) basic plastic materials (polymers, synthetic fibres and cellulose-based fibres);

(ix)

synthetic rubbers;

(x)

dyes and pigments;

(xi)

surface-active agents and surfactants;

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(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;

(v)

non-metals, metal oxides or other inorganic compounds such as calcium carbide, silicon, silicon carbide;

(c)

chemical installations for the production of phosphorous-, nitrogen- or potassium-based fertilisers (simple or
compound fertilisers);

(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 tonnes per hour,

— installations for the disposal of non-hazardous waste with a capacity exceeding 50 tonnes per day,

— landfills receiving more than 10 tonnes per day or with a total capacity exceeding 25 000 tonnes, excluding

landfills of inert waste.

6. Waste-water treatment plants with a capacity exceeding 150 000 population equivalent.

7.

Industrial plants for the:

(a)

production of pulp from timber or similar fibrous materials;

(b)

production of paper and board with a production capacity exceeding 20 tonnes per day.

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8.

(a)

Construction of lines for long-distance railway traffic and of airports 2/with a basic runway length of
2 100 m or more (1).

(b)

Construction of motorways and express roads (2).

(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.

(a)

Inland waterways and ports for inland-waterway traffic which permit the passage of vessels of over
1 350 tonnes.

(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 tonnes.

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.

11.

(a) Works for the transfer of water resources between river basins 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 the amount extracted exceeds

12.
500 tonnes/day in the case of petroleum and 500 000 cubic metres/day in the case of gas.

13. Dams and other installations designed for the holding back or permanent 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 more than 800 mm and a length of more

14.
than 40 km.

15.

Installations for the intensive rearing 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 25 hectares, or peat extraction, where the
surface of the site exceeds 150 hectares.

17. Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than
15 km.

18.
Installations for
200 000 tonnes or more.

the storage of petroleum, petrochemical, or chemical products with a capacity of

19. Other activities:

(1)

(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 Organisation (Annex 14).

For the purposes of this Convention,
Agreement on Main International Traffic Arteries of 15 November 1975.

‘express road’ means a road which complies with the definition in the European

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— plants for the pretreatment (operations such as washing, bleaching, mercerization) or dyeing of fibres or

textiles where the treatment capacity exceeds 10 tonnes per day,

— plants for the tanning of hides and skins where the treatment capacity exceeds 12 tonnes of finished

products per day,

(a)

Slaughterhouses with a carcase production capacity greater than 50 tonnes per day.

(b)

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

(i)

(ii)

animal raw materials (other than milk) with a finished product production capacity greater
than 75 tonnes per day.

vegetable raw materials with a finished product production capacity greater than 300 tonnes
per day (average value on a quarterly basis).

(c)

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

— installations for the disposal or recycling of animal carcasses and animal waste with a treatment capacity

exceeding 10 tonnes per day,

— 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 tonnes per
year,

— installations for the production of carbon (hard-burnt coal) or electrographite by means of incineration or

graphitisation.

20. Any activity not covered by paragraphs 1 to 19 above where public participation is provided for under an
environmental impact assessment procedure in accordance with national legislation.

21. The provision of Article 6, paragraph 1(a) of this Convention, does not 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.

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

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ANNEX II

ARBITRATION

1.
In the event of a dispute being submitted for arbitration pursuant to Article 16(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.

2.
The arbitral tribunal shall consist of three members. Both the claimant 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.

3.
If the president of the arbitral tribunal has not been designated within 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.

4.
If one of the Parties to the dispute does not appoint an arbitrator 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. Upon 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 international law and the provisions of this

5.
Convention.

Any arbitral tribunal constituted under the provisions set out in this annex shall draw up its own rules of

6.
procedure.

The decisions of the arbitral tribunal, both on procedure and on substance, shall be taken by majority vote of its

7.
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 tribunal and, in particular, using all means at

9.
their disposal, shall:

(a)

provide it with all relevant documents, facilities and information;

(b)

enable it, where necessary, to call witnesses or experts and receive their evidence.

10. The Parties and the arbitrators shall protect the confidentiality of any information that they receive in
confidence during the proceedings of the arbitral tribunal.

11. The arbitral tribunal may, at the request of one of the Parties, recommend interim measures of protection.

If one of the Parties to the dispute does not appear before the arbitral tribunal or fails to defend its case, the
12.
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.

13. The arbitral tribunal may hear and determine counter-claims arising directly out of the subject matter of the
dispute.

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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.

16. The arbitral tribunal shall render its award within five months of the 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 of reasons. It shall be final and binding

17.
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.