Einde inhoudsopgave
Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters
Article 5 Collection and dissemination of environmental information
Geldend
Geldend vanaf 30-10-2001
- Bronpublicatie:
25-06-1998, Trb. 1998, 289 (uitgifte: 31-12-1998, kamerstukken/regelingnummer: -)
- Inwerkingtreding
30-10-2001
- Bronpublicatie inwerkingtreding:
11-02-2005, Trb. 2005, 22 (uitgifte: 01-01-2005, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Milieurecht / Bijzondere onderwerpen
Internationaal publiekrecht / Bijzondere onderwerpen
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
- 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.
7.
Each Party shall:
- a)
Publish the facts and analyses of facts which it considers relevant and important in framing major environmental policy proposals;
- b)
Publish, or otherwise make accessible, available explanatory material on its dealings with the public in matters falling within the scope of this Convention; and
- c)
Provide in an appropriate form information on the performance of public functions or the provision of public services relating to the environment by government at all levels.
8.
Each Party shall develop mechanisms with a view to ensuring that sufficient product information is made available to the public in a manner which enables consumers to make informed environmental choices.
9.
Each Party shall take steps to establish progressively, taking into account international processes where appropriate, a coherent, nationwide system of pollution inventories or registers on a structured, computerized and publicly accessible database compiled through standardized reporting. Such a system may include inputs, releases and transfers of a specified range of substances and products, including water, energy and resource use, from a specified range of activities to environmental media and to on-site and 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.