Capacity building workshop on environment and health Public participation and the right to know: Aarhus Convention and PRTR Protocol Monica Guarinoni Sofia, 1-2 December 2005

Objective ¨contribute to the protection of the right of every person of present and future generations to live in an environment adequate to his or her health and well- being¨ by guaranteeing the right of access to information, public participation in decision-making and access to justice. Aarhus Convention Access to Information, Public Participation in Decision-Making and Access to Justice regarding Environmental Matters

Aarhus Convention Geographical scope Yellow: countries that have ratified (+EC, UK, Sweden, Austria, Netherlands, Spain) Blue: countries that have signed but not ratified yet

Aarhus Convention The three pillars Access to Information (active or passive) = the ¨Right to Know¨ Public Participation Access to justice in decisions on specific projects or activities concerning plans, programmes and policies In preparation of executive regulations and/or legally binding instruments with an impact on the environmen t

First pillar: Access to information Passive: obligation on public authorities to respond to public requests for information. Exempt categories (e.g. national defence, international relations, public security, the course of justice, commercial confidentiality, intellectual property rights, personal privacy etc.) Active: obligation on public authorities to provide environmental information pro actively e.g. through dissemination of plans, policy documents, reports, etc., and PRTRs Public authorities: governmental bodies from all sectors and at all levels (national, regional, local, etc.), and bodies performing public administrative functions.

Second pillar: Public participation in environmental decision-making Public authorities shall involve the public in an environmental decision-making procedure on: Specific projects or activities Plans, programmes and policies Regulations and/or legally binding normative instruments Public concerned: 'the public affected or likely to be affected by, or having an interest in the environmental decision-making', and explicitly includes NGOs promoting environmental protection

Third pillar Access to justice in environmental matters Access to information appeals Public participation appeals General violations of environmental law

Aarhus Convention Second Meeting of the Parties (25-27 May 2005) Main issues at stake for NGOs: 1) Inclusion of GMO-related decision-making in the Convention 2) Adoption of Guidelines on Public Participation in International Forums (Almaty Guidelines) Task Force on Public Participation in International Forums 3) Access to justice Task Force on Access to Justice 4) First implementation reports by Parties including the experience with NGOs and other stakeholders

The right to know about sources of pollution: Protocol on Pollutant Release and Transfer Registers The objective of the Protocol is to enhance public access to information through the establishment of coherent, nationwide pollutant release and transfer registers (PRTRs).

Aarhus Convention in the EU (ratified in February 2005) According to Article 175 of the Treaty establishing the European Community, the European Community is competent for entering into international agreements which contribute to the pursuit of the following objectives: preserving, protecting and improving the quality of the environment; protecting human health; prudent and rational utilisation of natural resources; promoting measures at international level to deal with regional or world-wide environmental problems.

Aarhus Convention in the EU

Regulation on the application of Aarhus provisions to EU institutions (I) Co-decision procedure: Proposal by the European Commission (2003) First reading by the European Parliament (March 2004) and Council (July-August 2005) Second reading by the European Parliament -- just started with debate in the ENVI Committee

Regulation on the application of Aarhus provisions to EU institutions (II) Environmental and health NGOs (Green 10) letter and voting recommendations to MEPs in the ENVI Committee CEFIC (Chemical Industry Federation) letter and voting recommendations Green 10 press release after the vote Next steps: - Vote of the EP in plenary - Second reading by the Council - If no agreement -- Conciliation Committee (Third reading)

Next opportunities for input: How to get involved Winter-Spring 2006: Consultation on Guidelines on Public Participation in International Forums (PoC) February 2006: Task Force on Access to Justice May 2006: Working Group on Pollutant Release and Transfer Registers Workshop “Civic Successes and Challenges in the Implementation of the Aarhus Convention” in partnership with CEPL Publication “What We Can Do: Civic Implementation of the Aarhus Convention” in partnership with CEPL

Thank you for your attention! Monica Guarinoni EPHA Environment Network (EEN) Rue d’Arlon Brussels (Belgium) Tel: Fax: Website: