Source: EURLEX
Language: en
Format: md

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**COMMISSION OF THE EUROPEAN COMMUNITIES**

**Brussels, 02.06.1998**

**COM(1998)** **344 final**

**Proposal for a Council Decision on the signature by the European** **Community** **of**

**the** **UN/ECE** **Coavention on access to information, public participation and**

**access to justice in environmental matters**

**(presented** **by the** **Commission)**

**Proposal for a Council Decision on the signature by the European Community of**

**the** **UN/ECE** **Convention on** **access** **to information, public participation and**

**access** **to** **justice in environmental matters**

Explanatory memorandum

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

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

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

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

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

**ti**

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

As far as access to environmental information is concerned, the Convention provides
for detailed rights and obligations, notably with respect to time-frames for granting
the information, limited grounds for public authorities to refuse access to certain types
of information as well as active duties to be performed by public authorities so as to
ensure a wide dissemination of environmental information of general nature. This
actually improves and complements Directive 90/313/EEC on access to
environmental information the review of which is due to be initiated soon.

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

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

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

**iu**

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

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

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

**(v/**

**Proposal for a Council Decision on the signature by the European Community of**

**the** UN/ECE **Convention on** access **to information, public participation and**

**access to justice in environmental matters**

THE COUNCIL OF THE EUROPEAN UNION

Having regard to the Treaty establishing the European Community,

Having regard to the proposal of the Commission,

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

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

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

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

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

DECIDES

SOLE ARTICLE

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

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

**Done in Brussels,**

**By the Council,**

**The President**

**01**

**DECLARATION** **OF** **THE EUROPEAN COMMUNITY**

**REGARDING THE APPLICATION OF THE**

**CONVENTION** **TO** **ITS INSTITUTIONS**

DRAFT

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

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

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

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

**i** **>** **H**

**UNITED**

**NATIONS**
## **E**

_**ÉÊÊÈ$b**_ **Economie** **and** **S ocial**
##### **^ ^ P Council**

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ECONOMIC COMMISSION FOR EUROPE

COMMITTEE ON ENVIRONMENTAL POLICY

Fourth Ministerial Conference

"Environment for Europe",

Aarhus, Denmark, 23-25 June 1998

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Distr.

GENERAL- -
ECE/CEP/43

21 April 1998

ORIGINAL : ENGLISH

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    CONVENTION ON ACCESS TO INFORMATION, PUBLIC PARTICIPATION

 IN DECISION-MAKING AND ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS */

    The Parties to this Convention

    Recalling principle 1 of the Stockholm Declaration on the Human

Environment,

    Recalling also principle 10 of the Rio Declaration on Environment and

Development,

                                                    i

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

on the World Charter for Nature and 45/94 of 14 December 1990 on the need to

ensure a healthy environment for the well-being of individuals,

    Recalling the European Charter on Environment and Health adopted at

the First European Conference on Environment and Health of the World Health

Organization in Frankfurt-am-Main, Germany, on 8 December 1989,

    V Final text endorsed by the Committee on Environmental Policy at

its special session on 16-18 March 1998 for adoption at the Ministerial

Conference "Environment for Europe". .

GE.98-30998

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ECE/CEP/43
page 2

    Affirming the need to protect, preserve and improve the state of the

 environment and to ensure sustainable and environmentally sound development,

    Recognizing that adequate protection of the environment is essential to

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

 to life itself,,' '

    Recognizing also that every person has the right to live in an

 environment adequate to his or her health and well-being, and the duty, both

 individually and in association with others, to.protect and improve the

 environment for the benefit of present and future generations,

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

 citizens must have access to information, be entitled to participate in

 decision-making and have access to justice in environmental matters, and

 acknowledging in this.regard that citizens may need assistance in order to

 exercise their rights,

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

 information and public participation in decision-making enhance the quality

 and the implementation of decisions, contribute to public awareness of

 environmental issues, give the public the opportunity to express its concerns

 and enable public authorities to take due account of such concerns,

    Aiming thereby to further the accountability of and transparency in

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

 environment,

     Recognizing the desirability of transparency in all branches of

 government and inviting legislative bodies to implement the principles of this

 Convention in their proceedings,

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

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

 know how to use them,

     Recognizing further the importance of the respective roles that

 individual citizens, non-governmental organizations and the private sector can

 play in environmental protection,

     Desiring to promote environmental education to further the understanding

 of the environment and sustainable development and to encourage widespread

 public awareness of, and participation in, decisions affecting the environment

 and sustainable development,

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

 of electronic or other, future forms of communication,

     Recognizing the importance of fully integrating environmental

 considerations in governmental decision-making and the consequent need for

 public authorities to be in possession of accurate, comprehensive and up-to
 date environmental information,

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**2.**

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                                       ECE/CEP/4 3
                                       page 3

    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 Guidelines on Access to Environmental Information and Public

Participation in Environmental Decision-making endorsed in the Ministerial

Declaration adopted at the Third Ministerial Conference "Environment for

Europe" in Sofia, Bulgaria, on 25 October 1995,

    Bearing in mind the relevant provisions in the Convention on

Environmental Impact Assessment in a Transboundary Context, done at Espoo,

Finland, on 25 February 1991, and the Convention on the Transboundary Effects

of Industrial Accidents and the Convention on the Protection and Use of

Transboundary Watercourses and International Lakes, both done at Helsinki on

17 March 1992, and other regional conventions,

    Conscious that the adoption of this Convention will have contributed to

the further strengthening of the "Environment for Europe" process and to the

results of the Fourth Ministerial Conference in Aarhus, 'Denmark, in June 1998,

    Have agreed as follows:

                     Article 1

                     OBJECTIVE

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

present and future generations to live in an environment adéquate to his or

her health and well-being, each Party shall guarantee the rights of access to

information, public participation in decision-making, and access to justice in

environmental matters in accordance with the provisions of this Convention.

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**s.**

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ECE/CEP/43
page 4

                       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;

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                                       ECE/CEP/4 3
                                       page 5

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

                  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.

### **5**

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ECE/CEP/43
page 6

 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:
     (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:

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                                         ECE/CEP/4 3
                                         page 7

    (a) The confidentiality of the proceedings of public authorities,

where such confidentiality is provided for under national law;

    (b) International relations, national defence or public security;

    (c) The course of justice, the ability of a person to receive a fair

trial or the ability of a public authority to conduct an enquiry of a criminal

or disciplinary nature;

    (d) The confidentiality of commercial and industrial information,

where.such confidentiality is protected by law in order to protect a

legitimate economic interest. Within this framework, information on emissions

which is relevant for the protection of the environment shall be disclosed;

    (e) Intellectual property rights;

    (f) The confidentiality of personal data and/or files relating to a

natural person whefe«. that person has not consented to the disclosure of the

information to the public, where such confidentiality is provided for in

national law;

    (g) The interests of a third party which has supplied the information

requested without that party being under or capable of being put under a legal

obligation to do so, and where that party does not consent to the release of

the material; or

    (h) The environment to which the information relates, such as the

breeding sites of rare species.

The aforementioned grounds for refusal shall be interpreted in a restrictive

way, taking into account the public interest served by disclosure 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

                    *

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ECE/CEP/43
page 8

 justifies an extension of this period up to two months after the request. The

 applicant shall be informed of any extension and of the reasons justifying it,

 8. Each Party may allow its public authorities to make a charge for

 supplying information, but such charge shall not exceed a reasonable amount.

 Public authorities intending to make such a charge for supplying information

 shall make available to applicants a schedule of charges which may be levied,

 indicating the circumstances in which they may be levied or waived and when

 the supply of information is conditional on the advance payment of such a

 charge.

                       Article 5

        COLLECTION AND DISSEMINATION OF ENVIRONMENTAL INFORMATION

 1. Each Party shall ensure that:

     (a) . Public authorities possess and update environmental information

 which is relevant to their functions;

     (b) Mandatory systems are established so that there is an adequate

 flow of information to public authorities about proposed and existing

 activities which may significantly affect the environment;

     (c) In the event of any imminent threat to human health or the

 environment, whether caused by human activities or due to natural causes, all

 information which could enable the public to take measures to prevent or

 mitigate harm arising from the threat and is held by a public authority is

 disseminated immediately and without delay to members of the public who may be

 affected.

 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

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                                          ECE/CEP/4 3
                                          page 9

    (c) Providing access to the environmental information contained in

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

charge.

3. Each Party shall ensure that environmental information progressively

becomes available in electronic databases which are easily accessible to the

public through public telecommunications 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 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 products, where appropriate within.the

framework of voluntary eco-labelling or eco-auditing schemes or by other

means.

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ECE/CEP/43
page 10

 7. Each Party shall:

     (a) Publish the facts and analyses of facts which it considers

 relevant and important in framing major environmental policy proposals;

     (b) Publish, or otherwise make accessible, available explanatory

 material on its dealings with the public in matters falling within the scope

 of this Convention; and

     (c) Provide in an appropriate form information on the performance of

 public functions~or the provision of public services relating to the

 environment by government at all levels.

 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

 system may include inputs, releases.and transfers of a specified range of

 substances and products, including water, energy and resource use, from a

 specified range of activities to environmental media and to on-site and off
 site treatment and disposal sites.

 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.

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                                          ECE/CEP/4 3
                                          page 11

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:

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    (a)

be taken;

    (b)

    (c)

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The proposed activity and the application on which a decision will

The nature of possible decisions or the draft decision;

The public authority responsible for making the decision;

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    (d) The envisaged procedure, including, as and when this information

can be provided:

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 (i)

 (ii)

 (iii)

 (iv)

 (v)

 (vi)

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The commencement of the procedure;

The opportunities for the public to participate;

The time and venue of any envisaged public hearing;

An indication of the public authority from which relevant

information can be obtained and where the relevant

information has been deposited for examination by the

public;

An indication of the relevant public authority or any other

official body to which comments or' questions can be

submitted and of the time schedule for transmittal of

comments or questions; and

An indication of what environmental information relevant to

the proposed activity is available; and

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    (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

```

```
ECE/CEP/43
page 12

 information relevant to the decision-making referred to in this article that

 is available at the time of the public participation procedure, without

 prejudice to the right of Parties to refuse to disclose certain information in

 accordance with article 4, paragraphs 3 and 4. 7 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 arid technical

 characteristics of the proposed activity, including an estimate of the

 expected residues and emissions;

     (b) A description of the significant effects of the proposed activity

 on the environment;

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

 the effects, including emissions;

     (d) A non-technical summary of the above;

     (e) An outline of the main alternatives studied by the applicant ; and

     (f) In accordance with national legislation, the main reports and

 advice issued to the public authority at the time when the public concerned

 shall be informed in accordance with paragraph 2 above.

 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.

```

_**IV**_

ECE/CEP/4 3
page 13

A r t i c l e 7

```
     PUBLIC PARTICIPATION CONCERNING PLANS, PROGRAMMES AND POLICIES

                 RELATING TO THE ENVIRONMENT

    Each Party shall make appropriate practical and/or other provisions for

the public to participate during the preparation of plans and programmes

relating to the environment, within a transparent and fair framework, having

provided the necessary information to the public. Within this framework,

article 6, paragraphs 3, 4 and 8, shall be applied. The public which may

participate shall be identified by the relevant public authority, taking into

account the objectives of this Convention. To the extent appropriate, each

Party shall endeavour to provide opportunities for public participation in the

preparation of policies relating to the environment.

                      Article 8

 PUBLIC PARTICIPATION DURING THE PREPARATION OF EXECUTIVE REGULATIONS AND/OR

       GENERALLY APPLICABLE LEGALLY BINDING NORMATIVE INSTRUMENTS

   . Each Party shall strive to promote effective public participation at an

appropriate stage, and while options are still open, during the preparation by

public authorities of executive regulations and other generally applicable

legally binding rules that may have a significant effect on the environment.

To this end, the following steps should be taken:

    (a) Time-frames sufficient for effective participation should be

fixed;

    (b) Draft rules should be published or otherwise made publicly

available; and

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

through representative consultative bodies.

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

possible.

                      Article 9

                    ACCESS TO JUSTICE

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` _%n_

```
full, inadequately answered, or otherwise not dealt with in accordance with

the provisions of that article, has access to a review procedure before a

court of law or another independent and impartial body established by law.

```

**i l**

```
ECE/CEP/43
page 14

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

 of law, it shall ensure that such a person also has access to an expeditious

 procedure established by law that is free of charge or inexpensive for

 reconsideration by a public authority or review by an independent and

 impartial body other than a court of law.

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

 authority holding the .information. Reasons shall be stated in writing, at

 least where access to information is refused under this paragraph.

 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 v/ith the requirements of national law and

 consistently with the objective of giving the public concerned wide access to

 justice within the scope of this Convention. To this end, the interest of any

 non-governmental organization meeting the requirements referred to in

 article 2, paragraph 5, shall be deemed sufficient for the purpose of

 subparagraph (a) above. Such organizations shall also be deemed to have rights

 capable of being impaired for the purpose of subparagraph (b) above.

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

 a preliminary review procedure before an administrative authority and shall

 not affect the requirement of exhaustion of administrative review procedures

 prior to recourse to judicial review procedures, where such a requirement

 exists under national law.

 3. In addition and without prejudice to the review procedures referred to •

 in paragraphs 1 and 2 above, each Party shall ensure that, where they meet the.

 criteria, if any, laid down in its national law, members of the public have

 access to administrative or judicial procedures to challenge acts and •

 omissions by private persons and public authorities which contravene

 provisions of its national law relating to the environment.

 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,

```

_! < * •_

```
                                          ECE/CEP/4 3
                                          page 15

equitable, timely and not prohibitively expensive. Decisions under this

article shall be given or recorded in writing. Decisions of courts, and

whenever possible of other bodies, shall be publicly accessible.

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;

    (g) Consider and undertake any additional action that may be required

for the achievement of the purposes of this Convention;

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

procedure for their meetings and the meetings of subsidiary bodies;

```

**/ ***

```
ECE/CEP/43
page 16

     (i) At their first meeting, review their experience in implementing

 the provisions of article 5, paragraph 9, and consider what steps are

 necessary to develop further the system referred to in that paragraph, taking

 into account international processes and developments, including the

 elaboration of an appropriate instrument concerning pollution.-release and

 transfer registers or inventories which could be annexed to this-Convention.,

 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 v/ell as any State or regional economic integration

 organization entitled under article 17 to sign this Convention but which' is

 not a Party to this Convention, and any intergovernmental organization

```

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

 participate as observers in the meetings of the Parties.

 5. Any non-governmental organization, qualified in the fields to which this

 Convention relates, which has informed the Executive Secretary of the Economic

 Commission for Europe of its wish to be represented at a meeting of the

 Parties shall be entitled to participate as an observer unless at least one

 third of the Parties present in the meeting raise objections.

 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;

```

_**U**_

```
                                          ECE/CEP/4.3
                                          page 17

    (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.

                      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

```

_**\Y**_

```
ECE/CEP/43
page 18

 the Depositary in accordance with the provisions of paragraph 5 above,

 provided that not more than one third of the Parties have submitted such a

 notification.

 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

     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.

                IS

```

```
                                       ECE/CEP/4 3
                                       page 19

                     Article 17

                     SIGNATURE

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

June 1998, and thereafter at United Nations Headquarters .in New York until

21 December 199"8, by States members of the Economic Commission for Europe as

well as States having consultative status with the Economic Commission for

Europe pursuant to paragraphs 8 and 11 of Economic and Social Council

resolution 36 (IV) of 28 March 1947, and by regional economic integration

organizations constituted by sovereign States members of the Economic

Commission for Europe to which their member States have transferred competence

over matters governed by this Convention, including the competence to enter

into treaties in respect of these matters.

                     Article 18

                     DEPOSITARY

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

of this Convention.

                     Article 19

         RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

1. This Convention shall be subject to ratification, acceptance or approval

by signatory States and regional economic integration organizations.

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

```

**'3**

```
ECE/CEP/43

page 20

 governed by this Convention. These organizations shall also inform the

 Depositary of any substantial modification to the extent of their competence,

                      Article 20

                    ENTRY INTO FORCE

 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.

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

 signed this Convention.

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

 nine hundred and ninety-eight.

```

_**I***_

```
                                    ECE/CEP/4 3
                                   page 21

                                   Annex I

                  Annex I

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

Energy sector:

    Mineral oil and gas refineries;

    Installations for gasification and liquefaction;

    Thermal power stations and other combustion installations with a

    heat input of 50 megawatts (MW)or more;

    Coke ovens;

    Nuclear power stations and other nuclear reactors including the

    dismantling or decommissioning of such power stations or reactors

```

_1/_ `(except research installations for the production and`

```
    conversion of fissionable and fertile materials whose maximum

    power does not exceed 1 kW continuous thermal load);

    Installations for the reprocessing of irradiated nuclear fuel;

    Installations designed:

       For the production or enrichment of nuclear fuel;

       For the processing of irradiated nuclear fuel or high-level

       radioactive waste;

       For the final disposal of irradiated nuclear fuel;

       Solely for the final disposal of radioactive waste;

       Solely for the storage (planned for more than 10 years) of

       irradiated nuclear fuels or radioactive waste in a different

       site than the production site.

Production and processing of metals:

    Metal ore (including sulphide ore) roasting or sintering

    installations;

    Installations for the production of pig-iron or steel (primary or

    secondary fusion), including continuous casting, with a capacity

    exceeding 2.5 tons per hour;

    Installations for the processing of ferrous metals:

    (i) Hot-rolling mills with a capacity exceeding 20 tons of crude

       steel per hour;

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

       kilojoules per hammer, where the calorific power used

       exceeds 20 MW;

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

       exceeding 2 tons of crude steel per hour;

    Ferrous metal foundries with a production capacity exceeding 20

    tons per day;

```

_**Z\**_

```
ECE/CEP/43
page 22

Annex I

        Installations:

        (i) For the production of non-ferrous crude metals from ore,

            concentrates or secondary raw materials by. metallurgical,

            chemical or electrolytic processes;

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

            metals, including recovered products (refining, foundry

            casting, etc.), with a melting capacity exceeding 4 tons per

            day for lead and cadmium or 20 tons per day for all other

            metals;

        Installations for surface treatment of metals and plastic

        materials using an electrolytic or chemical process where the

                                                  3
        volume of the treatment vats exceeds 30 m .

 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 m [3] and with a
        setting density per kiln exceeding 300 kg/ m [3] .

 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,

              nitriies, cyanates, isocyanates;

###### **_VL_**

```

```
                                          ECE/CEP/4 3
                                          page 23

                                          Annex I

        (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;

    (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;

```

_n_ `1`

```
ECE/CEP/43
page 24

Annex I

         Landfills receiving more than 10 tons per day or with a total

         capacity exceeding 25 000 tons, excluding landfills of inert

         waste.

 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.

###### **2v**

```

```
                                          ECE/CEP/4 3
                                          page 25

                                          Annex I

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 r earing of poultry or pigs with more than:

    (a) 40 000 places for poultry;

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

    (c) 750 places for sows. 
16. Quarries and opencast mining where the surface of the site exceeds 2 5

hectares, or peat extraction, where the surface of the site exceeds 15 0

hectares.

17. Construction of overhead electrical power lines with a voltage of 220 k V

or more and a length of more than 15 km.

18. . Installations for the storage of petroleum, petrochemical, or cheraica 1

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);

```

**25**

```
ECE/CEP/43
page 26
Annex I

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

 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.

 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.

```

**^4**

```
                                       ECE/CEP/4 3
                                       page 27

                                       Annex II

                     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. Upcn designation, the president of the arbitral tribunal shall

request the party which has not appointed an arbitrator to do so within two

months. If it fails to do so within that period, the president shall so

inform the Executive Secretary of the Economic "Commission for Europe, who

shall make this appointment within a further two-month period.

5. The arbitral tribunal shall render its decision in accordance with

international law and the provisions of this Convention.

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:

```

**2?**

```
ECE/CEP/43
page 28

Annex II

     (a) Provide it with all relevant documents, facilities and

 information;

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

 receive their evidence.

 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.

```

_**z.%**_

ISSN 0254-1475

#### COM(98) 344 final

# **DOCUMENTS**

EN 14 11 06

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

ISBN 92-78-36828-8

**Office for Official Publications of** **the** **European Communities**

**L-2985** **Luxembourg**

**23**