Proposal for a Council Decision on the conclusion, on behalf of the European Community, of the Convention on access to information, public participation in decision making and access to justice regarding environmental matters
Date: 2003-10-24
Institutions: European Commission
Subjects: access to EU information, access to the courts, decision-making, environmental protection, international convention, transparency in decision-making

EN

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 24.10.2003
COM(2003) 625 final

2003/0249 (CNS)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the European Community, of the Convention on access to
information, public participation in decision making and access to justice regarding
environmental matters

(presented by the Commission)

 
 
EXPLANATORY MEMORANDUM

OBJECTIVES AND SCOPE OF THE CONVENTION 

1.  -  The  UN/ECE  Convention  on  access  to  information,  public  participation  in  decision
making  and  access  to  justice  regarding  environmental  matters  (hereafter  the  Århus
Convention)  lays  down  the  basic  rules  to  promote  citizens’  involvement  in  environmental
matters  and  enforcement  of  environmental  law.  The  Århus  Convention  consists  of  three
pillars,  each  of  which  grants  different  rights:  the  first  pillar  provides  for  access  to
environmental information; the second pillar provides for the participation in decision-making
processes and the third pillar for access to justice.

EXTENT OF THE COMMUNITY COMPETENCE 

2. - The EC (together with all member states) signed the Århus Convention in 1998.

3.  -  The  European  Community,  in  accordance  with  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  175  (1)  thereof,  is  competent  for  entering  into
international  agreements,  and  for  implementing  the  obligations  resulting  therefrom,  which
contribute to the pursuit of the objectives listed in Article 174 (1) of the EC Treaty.

Under  its  Article  174  (1)  the  European  Community  Treaty  establishes  the  objectives  of  the
Community policy on the environment, as follows: preserving, protecting and improving the
quality of the environment, protecting human health, prudent and rational utilisation of natural
resources,  promoting  measures  at  the  international  level  to  deal  with  regional  or  worldwide
environmental problems.

4.  -  It  is  generally  admitted  that  improvement  of  the  public's  access  to  information  and  a
broader  participation  of  the  public  in  the  decision-making  processes  are  essential  tools  to
ensure public awareness on environmental issues and to promote a better implementation of
the  environmental  legislation.  Thus,  it  contributes  to  strengthen  and  to  ensure  the
effectiveness  of  environmental  policy  established  in  the  view  of  the  above  mentioned
objectives. 

5.  -  Moreover  another  specific  aspect  of  the  Århus  Convention  is  to  be  underlined.  Indeed,
European  institutions  are  covered  by  the  definition  of  "public  authorities"  laid  down  in  the
Convention, alongside national public authorities. This emphasises the particular importance
of the conclusion of the Århus Convention by the European Community.

6. - By signing the Århus Convention the EC acknowledged the importance of its objectives.
Upon  its  signature  the  European  Community  has  undertaken  to  introduce  the  necessary
measures  to  adhere  to  the  Århus  Convention  by  adopting  binding  instruments  aligning  EC
legislation  to  the  requirements  of  the  Convention.  This  will  enable  the  EC  to  adopt  the
decision on the conclusion of this Convention. 

7. - This alignment to the obligations of the Convention has to be carried out at the Member
State level as well as the EC institutions level. 

8.  –  As  regards  the  Member  State  level,  the  EC  has  recently  adopted  two  Directives  of  the
European  Parliament  and  of  the  Council:  the  first  one  on  Public  Access  to  Environmental

2

information 1 and the second one providing for public participation in respect of the drawing
up  of  certain  Plans  and  Programmes  relating  to  the  Environment  and  amending  Council
Directives 85/337/EEC and 96/61/EC 2. A proposal for a Directive3 ensuring compliance with
the  relevant  aspects  on  access  to  justice  which  are  not  covered  under  the  two  Directives
mentioned  above,  is  being  submitted  by  the  European  Commission  at  the  same  time  as  the
present proposal.

9.  –  As  regards  EC  institutions,  a  single  instrument  ensuring  full  compliance  of  all  EC
institutions and bodies with the Århus provisions and principles is also being submitted by the
European  Commission  together  with  the  present  proposal.  The  intention  is,  as  far  as  the
institutions are concerned, to cover the three Århus pillars by this Regulation4. 

It is therefore possible for the Community to approve the decision on the conclusion of
the Convention on access to information, public participation in decision-making processes
and  access  to  justice  regarding  environmental  matters.  Effective  implementation  of  the
Convention depends, inter alia, on the availability of sufficient financial and human resources.
As a party to the Convention, the Community will contribute on a regular basis to activities
identified in the work programme.

1

2

3

4

Directive 2003/4/EC of 28 January 2003 on public access to environmental information and repealing
Council Directive 90/313, OJ L 41, 14.2.2003, p. 26-31.
OJEU L 156, 25.6.2003, p.17
COM
COM

3

                                                
2003/0249 (CNS)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the European Community, of the Convention on access to
information, public participation in decision making and access to justice regarding
environmental matters

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to the Treaty  establishing  the  European  Community,  and  in  particular  article
175 (1), in conjunction with the first sentence of the first subparagraph of art. 300 (2), and the
first subparagraph art. 300 (3), thereof,

Having regard to the proposal from the Commission5,

Having regard to the opinion of the European Parliament6,

Whereas:

(1)

(2)

(3)

(4)

(5)

The  UN/ECE  Convention  on  access  to  information,  public  participation  in  decision
making  and  access  to  justice  regarding  environmental  matters  (hereafter  the  Århus
Convention)  aims  at  granting  the  public  rights  and  imposes  on  Parties  and  public
authorities  obligations  regarding  access  to  information  and  public  participation  and
access to justice in environmental matters. 

Improvement  of  the  public's  access to  information and a broader  participation  of  the
public in the decision-making processes are essential tools to ensure public awareness
on  environmental  issues  and  to  promote  a  better  implementation  of  the  ecological
legislation. Thus, it contributes to strengthen and make more effective environmental
protection policies.

The Århus Convention is open to adhesion, acceptance or approval by States  and by
regional economic integration organisations.

Under  the  terms  of  the  Århus  Convention,  a  regional  economic  integration
organisation  must  declare  in  its  instrument  of  ratification,  acceptance,  approval  or
accession,  the  extent  of  its  competence  in  respect  of  the  matters  governed  by  the
Convention.

The  European  Community,  in  accordance  with  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  175  (1)  thereof,  is  competent  for  entering  into
international  agreements,  and  for  implementing  the  obligations  resulting  therefrom,

5

6

OJEU C , , p. .
OJEU C , , p. .

4

                                                
(6)

(7)

(8)

which  contribute  to  the  pursuit  of  the  objectives  listed  in  Article  174  (1)  of  the  EC
Treaty.

The Community signed the Århus Convention in 1998 and since then has pursued its
efforts  in  the  view  of  its  adhesion  to  the  Convention.  In  the  meantime,  relevant
Community  legislation  is  being  made  consistent  with  the  provisions  of  the
Convention.

Directive  2003/4/EC  of  the  European  Parliament  and  of  the  Council  of  28  January
2003 on Public Access to Environmental Information and repealing Council Directive
90/313/EEC7  and  Directive  2003/35/EC  of  the  European  Parliament  and  of  the
Council of 26 May 2003 providing  for public participation in respect  of the  drawing
up  of  certain  plans  and  programmes  relating  to  the  environment  and  amending  with
regard to public participation and access to justice Council Directives 85/337/EEC and
96/61/EC8  have  already  incorporated  certain  aspects  of  the  Århus  Convention  into
Community law.

Relevant proposals for a Directive of the European Parliament and of the Council and
on access to justice in environmental matters addressed to the Member States, as well
as a Regulation of the European Parliament and of the Council on the  application of
the provisions of the Århus Convention to EC institutions and bodies have also been
already submitted by the European Commission in parallel to the present decision. 

(9)

The Community should therefore conclude the Århus Convention

HAS DECIDED AS FOLLOWS:

Article 1

The  UN/ECE  Convention  on  access  to  information,  public  participation  in  decision-making
and  access  to  justice  in  environmental  matters,  (hereafter  the  Århus  Convention)  is  hereby
approved on behalf of the Community.

The text of the Convention is attached to this Decision.

Article 2

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person  or  persons
empowered to deposit the instrument of approval with the Secretary – General of the United
Nations, in accordance with Article 19 of the Convention. 

At  the  same  time,  the  designated  person  or  persons  shall  deposit  the  declaration  of
competence  attached  to  this  Decision,  according  to  the  provisions  of  Article  19  of  the
Convention.

7

8

OJEU L 41, 14.2.2003, p.26.
OJEU L 156, 25.6.2003, p.17

5

                                                
This Decision shall be published in the Official Journal of the European Union.

Article 3

Done at 

For the Council
The President

6

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

ANNEX 

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,

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,

7

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,

the 

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

integrating  environmental  considerations 

importance  of 

fully 

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

Concerned  that  effective  judicial  mechanisms  should  be  accessible  to  the  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
in
Guidelines  on  Access 
Environmental Decision-making endorsed in the Ministerial Declaration adopted at the Third
Ministerial Conference "Environment for Europe" in Sofia, Bulgaria, on 25 October 1995,

Information  and  Public  Participation 

to  Environmental 

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 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.

8

Article 2

DEFINITIONS

For the purposes of this Convention,

1. “Party” means, unless the text otherwise indicates, a Contracting Party 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;

3. “Environmental information” means any information in written, visual, 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;

4. “The public” means one or more natural or legal persons, and, in 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.

Article 3

9

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.

4.  Each  Party  shall  provide  for  appropriate  recognition  of  and  support  to  associations,
organizations or groups promoting 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.

6.  This  Convention  shall  not  require  any  derogation  from  existing  rights  of  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.

8.  Each  Party  shall  ensure  that  persons  exercising  their  rights  in  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.

9. Within the scope of the relevant provisions 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  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

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  information
available  to  the  public,  within  the  framework  of  national  legislation,  including,  where
requested  and  subject  to  subparagraph  (b)  below,  copies  of  the  actual  documentation
containing or comprising such information:

10

(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:

(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.

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

(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  where  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

11

(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
information requested relates to emissions into the environment.

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.

6. Each Party shall ensure that, if information exempted from disclosure 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.

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

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.

12

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 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

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

3. Each Party shall ensure that environmental information progressively becomes available in
electronic  databases  which  are  easily  accessible 
through  public
telecommunications networks. Information accessible in this form should include:

the  public 

to 

(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 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.

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.

5. Each Party shall take measures within the framework  of  its legislation 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) Other significant international documents on environmental issues, as appropriate.

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

13

products, where appropriate within the framework of voluntary eco-labelling or eco-auditing
schemes or by other means.

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.

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,  computerized  and  publicly  accessible  database  compiled  through
standardized reporting. Such a 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  offsite  treatment  and  disposal
sites.

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

2.  The  public  concerned  shall  be  informed,  either  by  public  notice  or  individually  as
appropriate, early in an environmental 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;

14

(b) The nature of possible decisions or the draft decision;

(c) The public authority responsible for making the decision;

(d) The envisaged procedure, including, as and when this information can be provided:

(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 examination 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 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.

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  prospective  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,  paragraphs  3  and  4.  The  relevant  information  shall  include  at  least,  and  without
prejudice to the provisions of article 4:

(a)  A  description  of  the  site  and  the  physical  and  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;

15

(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.

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

8.  Each  Party  shall  ensure  that  in  the  decision  due  account  is  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 environment.

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, 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.

16

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.

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

17

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.

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.

5. In order to further the effectiveness of the provisions of 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  appropriate  assistance  mechanisms  to
remove or reduce financial and other barriers to access to justice.

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) 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;

18

(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;

(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.

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

4. The United Nations, its specialized agencies and the International Atomic Energy Agency,
as well 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.

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

1. Except as provided for in paragraph 2 below, each Party to this Convention shall have one
vote.

2.  Regional  economic  integration  organizations,  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 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;

(b)  The  transmission  to  the  Parties  of  reports  and  other  information  received  in  accordance
with the provisions of this Convention; and

19

(c) Such other functions as may be determined by the Parties.

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.

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  ninety  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-fourths majority vote of
the Parties present and voting at the meeting.

4.  Amendments  to  this  Convention  adopted  in  accordance  with  paragraph  3  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.

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

7.  For  the  purposes  of  this  article,  "Parties  present  and  voting"  means  Parties  present  and
casting an affirmative or negative vote.

Article 15

REVIEW OF COMPLIANCE

20

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

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.

3. If the parties to the dispute have accepted both means of 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

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 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

1. This Convention shall be subject to ratification, acceptance or approval by signatory States
and regional economic integration organizations.

21

2. This Convention shall be open for accession as from 22 December 1998 by the States and
regional economic integration organizations 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  organization  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  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.

5.  In  their  instruments  of  ratification,  acceptance,  approval  or  accession,  the  regional
economic  integration  organizations  referred  to  in  article  17  shall  declare  the  extent  of  their
competence  with  respect  to  the  matters  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

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

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

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

22

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.

Annex I

LIST OF ACTIVITIES REFERRED TO IN ARTICLE 6, PARAGRAPH 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/  (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 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;

23

(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;

- 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 m3.

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 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;

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(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;

(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
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;

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- Landfills receiving more than 10 tons per day or with a total capacity exceeding 25 000 tons,
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 tons per day.

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;

(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.  (a)  Inland  waterways  and  ports  for  inland-waterway  traffic  which  permit  the  passage  of
vessels of over 1 350 tons;

(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.

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.

12.  Extraction  of  petroleum  and  natural  gas  for  commercial  purposes  where  the  amount
extracted exceeds 500 tons/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.

14. Pipelines for the transport of gas, oil or chemicals with a diameter of more than 800 mm
and a length of more than 40 km.

15. Installations for the intensive rearing of poultry or pigs with more than:

(a) 40 000 places for poultry;

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(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  the  storage  of  petroleum,  petrochemical,  or  chemical  products  with  a
capacity of 200 000 tons or more.

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);

-  Installations  for  the  disposal  or  recycling  of  animal  carcasses  and  animal  waste  with  a
treatment capacity exceeding 10 tons 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 tons per year;

- Installations for the  production of carbon (hard-burnt coal) or  electrographite by means of
incineration or graphitization.

20. Any activity not covered by paragraphs 1-19 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.

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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, 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.

Annex II

ARBITRATION

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

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.

5. The arbitral tribunal shall render its decision in accordance with international law and the
provisions of this Convention.

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

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

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

9. The parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular,
using all means at 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.

12. If one of the parties to the dispute does not appear before the arbitral 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.

13.  The  arbitral  tribunal  may  hear  and  determine  counter-claims  arising  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.

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.

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

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ANNEX 

DECLARATION BY THE EUROPEAN COMMUNITY IN ACCORDANCE WITH
ARTICLE 19 OF THE CONVENTION ON ACCESS TO INFORMATION, PUBLIC
PARTICIPATION IN DECISION MAKING AND ACCESS TO JUSTICE REGARDING
ENVIRONMENTAL MATTERS

"The  European  Community  declares  that,  in  accordance  with  the  Treaty  establishing  the
European Community, and in particular Article 175 thereof, it is competent for entering into
international  agreements,  and  for  implementing  the  obligations  resulting  therefrom,  which
contribute to the pursuit of the following objectives:

-- preserving, protecting and improving the quality of the environment;

-- protecting human health;

-- prudent and rational utilisation of natural resources;

--  promoting  measures  at  international  level  to  deal  with  regional  or  world-wide
environmental problems.

Moreover, the European Community declares that it has already adopted legal instruments,
binding on its Member States, covering matters governed by this Convention and will submit
and update as appropriate a list of those legal instruments to the Secretariat General to the
United Nations in accordance with art 19 of the Convention.”.

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