The Aarhus Convention and its use in environmental campaigning Mara Silina European Environmental Bureau (EEB) * * * EU Environmental approximation in the WB andTurkey- ETNAR Conference 24th to 26th September 2013 in Palic, Serbia “

Points I will try to cover are European Environmental Bureau – who we are and what we do Access to Information, Public Participation and Access to Justice under the Aarhus Convention 2. The Aarhus Convention at the EU level 2

The European Environmental Bureau (EEB) the largest federation of environmental citizens’ organisations in Europe More than 140 member organisations based in EU Member States and increasingly in candidate and potential candidate countries as well as in a few neighbouring countries with more than 15 million members and supporters Created in 1974 with the purpose to represent its members’ interests vis-à-vis the EU institutions 3

European Environmental Bureau/EEB Our mission statement: EEB is the environmental voice of European citizens, standing for environmental justice, sustainable development and participatory democracy. We want the EU to ensure all people a healthy environment and rich biodiversity. 4 4

The European Environmental Bureau (EEB) The aim of the EEB is to protect and improve the environment of Europe and to enable the citizens of Europe to play their role in achieving this goal EEB’s specific mission is to promote strong environmental policies and sustainable development on the EU level and outside Integrate environmental concerns into other policy areas Provide a focal point for its members to monitor and respond to EU policies Provide services to its members in form of information, representation vis-à-vis EU institutions and coordination of campaigns 5

Main areas of activities: Agriculture; Air Pollution Biodiversity and Nature Chemicals Ecolabel; Ecological Product Policy; Energy Efficiency; Environmental Fiscal reform; Industry Nanotechnology; Natural Resources; Noise Soil; Waste; Water; Zero mercury campaign (global) Legal issues (Law group) and much more … 6 6

Main areas of activities: Horizontal issues: Implementation of the 6th Environmental Action Programme (6EAP) & preparation of&for 7th EAP Sustainable Development The Aarhus Convention (UNECE and EU level) Environmental Policy Integration Good Governance –democratisation and public participation Enforcement (= implementation and application of the EU legislation) Enlargement and South East Europe EU Treaties Europe in the Wider World (Environment for Europe, MEDA etc.) 7 7

Cooperation with others – coalitions, networking… EEB is part of the Spring Alliance (Social Platform, Human Rights and Development NGOs and European Trade Unions Confederation (ETUC) aimed to revitalise the Lisbon process = EU 2020 Strategy) EEB is part of Green 10 Green Budget Europe ECOS Justice and Environment network EEB is part of the European ECO Forum in UNECE « Environment for Europe » process(es) which also includes the Aarhus Convention ….and more 8 8

Governments & Parliaments The EEB in the EU net National Governments & Parliaments Members Industry EEB EU Institutions: Commission, EP, Council The Public Media Other Organisations: Social, Consumer, Trade Unions, …

The EEB and the Aarhus Convention The EEB is one of the leading organisations in the work on the Aarhus Convention The EEB works in the framework of the European ECO Forum, an ad hoc coalition of more than 200 Environmental Citizens’ Organisations from the UNECE region, created in 1993 to follow up on the UN Environment for Europe process 10

THE AARHUS CONVENTION UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters * * * 11

THE AARHUS CONVENTION Most unconventional Convention Unique among MEAs in the extent to which it seeks to guarantee procedural rights of the public A treaty less about Party-to-Party relations, more about the relations between governments and civil society Unprecedented involvement of NGOs both in the negotiations and implementation of the Convention Big political impact in countries with less democratic traditions (EECCA but not only) 12

THE AARHUS CONVENTION (1) Origin and evolution of the Convention June 1992 – Principle 10 of Rio Declaration October 1995 – UNECE Guidelines on Access to Environmental Information and Public Participation in Decision-making (Sofia Guidelines) adopted 1996-1998 – negotiations of the draft Convention 25 June 1998 – adoption of the Convention in Aarhus. Signed by 39 countries and the European Community October 30th, 2001 – entry into force Meetings of Parties to the Convention (4) 13

THE AARHUS CONVENTION (2) Status of ratification – total 46 Parties 28 EU countries 5 South-East Europe countries (Albania, Macedonia, Bosnia and Herzegovina, Montenegro, Serbia) 10 EECCA countries but Russia and Uzbekistan Norway European Union 14

THE AARHUS CONVENTION (3) General features among others: Recognition of citizens’ rights – procedural rights to information, participation, justice. Substantive rights – to live in an environment adequate to health and wellbeing Broad definition of « the public » - any natural or legal person, plus informal groups EC as a Party – EU institutions and bodies covered Non-discriminatory Compliance review mechanism and Open to non-ECE countries 15

THE AARHUS CONVENTION - First Pillar - Access to Information Passive (Art.4) Broad definition of environmental information Any person has access Time limit « as soon as possible », max 1 month, plus 1 month more Charges not to acceed reasonable amount Set of exemptions, with quite restrictive interpretation

THE AARHUS CONVENTION – First Pillar - Access to Information Active (Art.5) Transparency and accessibility of information systems Immediate dissemination in cases of imminent threat to health or environment Dissemination of international agreements, laws, policies, strategies, programmes and action plans Sufficient product information Pollutant Release and Transfer Registers (PRTRs) Increased access through Internet

THE AARHUS CONVENTION – First Pillar - Access to Information Implementation: Reporting is required on a regular basis (every 3 to 4 years) - http://aarhusclearinghouse.unece.org/ and http://apps.unece.org/ehlm/pp/NIR/index.asp Establishment of the Task Force on Access to Information (former TF on Electronic Information Tools) with mandate to: promote exchange of info, experiences, challenges and good practices on public access to information not only by authorities but also by private sector, identify capacity building needs, regional/sub-regional priorities, monitor technical developments etc.

19 19

THE AARHUS CONVENTION - Public Participation Specific Projects or Activities (art.6) List of types of activities covered (Annex I) Timely and effective notification Reasonable timeframes for comments Free inspection of relevant information by public concerned Due account to be taken of outcome of public participation 20

THE AARHUS CONVENTION - Public Participation Programmes and Plans (art.7) The public may participate during preparation of plans and programmes Early participation and reasonable timeframes Policies (art.7) ….provide opportunities in the preparation of policies relating to environment… Rules and regulations (art.8) Obligation to strive to promote effective public participation in rules/regulations and other legally binding instruments …. 21

THE AARHUS CONVENTION - Access to Justice Review procedures to challenge the handling of information request (any person) Review procedure to challenge legality or project-level decisions requiring public participation (restricted to public concerned) Review procedures to challenge general violations of national law relating to the environment (standing may be established by national law) 22

THE AARHUS CONVENTION: MAIN WEAKNESSES Articles 7&8 are not precise enough Issues around GMOs: still exceptional treatment despite amendment – no right for public to appeal to courts on decisions made Article 9.3. leaves too much for the discretion of individual governments Very important: Aarhus relates to all policies, laws, etc. with impact on environment, but in practice limited to environmental policies, laws, authorities. Not: taxation, economic policies, transport, energy, agriculture. Convention needs explicit widening of scope http://www.unece.org/env/pp/welcome.html

THE AARHUS CONVENTION - in the EU Legislation: Access to Information – Directive 2003/4/EC Public Participation – Directive 2003/35/EC (covers public participation in drawing up certain plans and programmes) Access to Justice – Commission proposal for Directive on Access to Justice COM(2003)624 still « under » the table but process may start again 24

THE AARHUS CONVENTION - in the EU at the institutional level Regulation N° 1367/2006 of the European Parliament and of the Council on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies entered into force on 28 September 2006. The "Aarhus Regulation" covers not only the institutions, but also bodies, offices or agencies established by, or on the basis of the EU Treaty. All those had until 28 June 2007 to adapt their internal procedures and practice to the provisions of the Regulation. 25

THE AARHUS CONVENTION - in the EU at the institutional level (1) Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents Currently under the revision and pending agreement between the Council, European Commission and European Parliament Biggest concerns among others: definition of documents, introduction of block exceptions, referral to national exceptions, new exceptions for staff selection and awarding contracts and grants, excessive time limits, limiting access to large documents Revision itself - closed process – no open consultations 26

THE AARHUS CONVENTION: in the EU – Access to Information Directive 2003/4 replaced earlier Directive 90/313/EEC on freedom of access to information and is in line with the Aarhus Convention Imposes stricter obligations upon Member States regarding active dissemination of information by public authorities and extending the right of access to information from citizens of the EU to any person, regardless its residence Broad definition of ‘environmental information’ and ‘public authorities’ Access to information “held by” and held for” public authorities 27

THE AARHUS CONVENTION: in the EU – Access to Information (1) Passive/active access to information – « available » versus « collection » Exceptions with strict interpretation (e.g. documents declared confidential by law, relating to international relations, public security or national defence, sometimes also unfinished documents/data, course of justice or internal communications) Reasons for refusal should be given in all cases Charges – free or reasonable Reporting on implementation 28

EUROPEAN PRTR (E-PRTR) The new European-wide register that provides easily accessible key environmental data from industrial facilities in European Union member states and in Iceland, Liechtenstein and Norway. * * * Legal basis: Regulation (EC) No 166/2006 on establishment of a E-PRTR in order to comply with the Aarhus Convention http://prtr.ec.europa.eu 29

THE AARHUS CONVENTION: in the EU – Public Participation Directive 2001/42/EC (SEA Directive) –environmental assessment with public participatiob for plans and programmes which are prepared for different sectors Directive 203/35/EC –implements Articles 6 and 9.2, 9.4 and 5 of the Aarhus Convention into the EU law, also provides for participation of the public in the drawing up certain plans and programmes foreseen under the EU law (Art. 7 of the Aarhus Convention) Plans and programmes under sector-specific legislation (Water Framework Directive 2000/60/EC – River Basin Management Plans) etc. Recent changes: Seveso III, Industrial Emission Directive, EIA, IPPC etc. 30

Some useful links http://ec.europa.eu/environment/aarhus/index.htm http://ec.europa.eu/environment/consultations_en.htm http://ec.europa.eu/yourvoice/consultations/index_en.htm 31

Want to know more or join in the work – please contact me: Hvala! Thank you! Want to know more or join in the work – please contact me: mara.silina@eeb.org Tel.: +32 2 289 10 90 Fax: +32 2 289 10 99 http://www.eeb.org http://www.participate.org 32