Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters:Article 6 Public participation in decisions on specific activities

Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters

Article 6 Public participation in decisions on specific activities

Geldend

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1.

Each Party:

a)

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

b)

Shall, in accordance with its national law, also apply the provisions of this article to decisions on proposed activities not listed in annex I which may have a significant effect on the environment. To this end, Parties shall determine whether such a proposed activity is subject to these provisions; and

c)

May decide, on a case-by-case basis if so provided under national law, not to apply the provisions of this article to proposed activities serving national defence purposes, if that Party deems that such application would have an adverse effect on these purposes.

2.

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

a)

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

b)

The nature of possible decisions or the draft decision;

c)

The public authority responsible for making the decision;

d)

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

(i)

The commencement of the procedure;

(ii)

The opportunities for the public to participate;

(iii)

The time and venue of any envisaged public hearing;

(iv)

An indication of the public authority from which relevant information can be obtained and where the relevant information has been deposited for examination by the public;

(v)

An indication of the relevant public authority or any other official body to which comments or questions can be submitted and of the time schedule for transmittal of comments or questions; and

(vi)

An indication of what environmental information relevant to the proposed activity is available;

and

e)

The fact that the activity is subject to a national or transboundary environmental impact assessment procedure.

3.

The public participation procedures shall include reasonable time-frames for the different phases, allowing sufficient time for informing the public in accordance with paragraph 2 above and for the public to prepare and participate effectively during the environmental decision-making.

4.

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

5.

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

6.

Each Party shall require the competent public authorities to give the public concerned access for examination, upon request where so required under national law, free of charge and as soon as it becomes available, to all information relevant to the decision-making referred to in this article that is available at the time of the public participation procedure, without prejudice to the right of Parties to refuse to disclose certain information in accordance with article 4, paragraphs 3 and 4. The relevant information shall include at least, and without prejudice to the provisions of article 4:

a)

A description of the site and the physical and technical characteristics of the proposed activity, including an estimate of the expected residues and emissions;

b)

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

c)

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

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 enquiry 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.

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