Paragraphs in "Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters" coded as SUBS

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Label Provision
Art.1 Article 1
Art.1.1x In order to 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, 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.
Art.3 Article 3
Art.3.1 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.
Art.3.2 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.
Art.3.3 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.
Art.3.4 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.
Art.3.5 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.
Art.3.6 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.
Art.3.7 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.
Art.3.8 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.
Art.3.9 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.
Art.4 Article 4
Art.4.1 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:
Art.4.1.a (a) Without an interest having to be stated;
Art.4.1.b (b) In the form requested unless:
Art.4.1.b.i (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
Art.4.1.b.ii (ii) The information is already publicly available in another form.
Art.4.2 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.
Art.4.3 3. A request for environmental information may be refused if:
Art.4.3.a (a) The public authority to which the request is addressed does not hold the environmental information requested;
Art.4.3.b (b) The request is manifestly unreasonable or formulated in too general a manner; or
Art.4.3.c (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.
Art.4.4 4. A request for environmental information may be refused if the disclosure would adversely affect:
Art.4.4.a (a) The confidentiality of the proceedings of public authorities, where such confidentiality is provided for under national law;
Art.4.4.b (b) International relations, national defence or public security;
Art.4.4.c (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;
Art.4.4.d (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;
Art.4.4.e (e) Intellectual property rights;
Art.4.4.f (f) The confidentiality of personal data and/ or files relating to a natural person where that person has not consented to the disclosure of the information to the public, where such confidentiality is provided for in national law;
Art.4.4.g (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
Art.4.4.h (h) The environment to which the information relates, such as the breeding sites of rare species.
Art.4.4.ix 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.
Art.4.5 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.
Art.4.6 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.
Art.4.7 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 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.
Art.4.8 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.
Art.5 Article 5
Art.5.1 1. Each Party shall ensure that:
Art.5.1.a (a) Public authorities possess and update environmental information which is relevant to their functions;
Art.5.1.b (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;
Art.5.1.c (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.
Art.5.2 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:
Art.5.2.a (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;
Art.5.2.b (b) Establishing and maintaining practical arrangements, such as:
Art.5.2.b.i (i) Publicly accessible lists, registers or files;
Art.5.2.b.ii (ii) Requiring officials to support the public in seeking access to information under this Convention; and
Art.5.2.b.iii (iii) The identification of points of contact; and
Art.5.2.c (c) Providing access to the environmental information contained in lists, registers or files as referred to in subparagraph (b) (i) above free of charge.
Art.5.3 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:
Art.5.3.a (a) Reports on the state of the environment, as referred to in paragraph 4 below;
Art.5.3.b (b) Texts of legislation on or relating to the environment;
Art.5.3.c (c) As appropriate, policies, plans and programmes on or relating to the environment, and environmental agreements; and
Art.5.3.d (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.
Art.5.4 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.
Art.5.5 5. Each Party shall take measures within the framework of its legislation for the purpose of disseminating, inter alia:
Art.5.5.a (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;
Art.5.5.b (b) International treaties, conventions and agreements on environmental issues; and
Art.5.5.c (c) Other significant international documents on environmental issues, as appropriate.
Art.5.6 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.
Art.5.7 7. Each Party shall:
Art.5.7.a (a) Publish the facts and analyses of facts which it considers relevant and important in framing major environmental policy proposals;
Art.5.7.b (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
Art.5.7.c (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.
Art.5.8 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.
Art.5.9 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.
Art.5.10 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.
Art.6 Article 6
Art.6.1 1. Each Party:
Art.6.1.a (a) Shall apply the provisions of this article with respect to decisions on whether to permit proposed activities listed in annex I;
Art.6.1.b (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
Art.6.1.c (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.
Art.6.2 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:
Art.6.2.a (a) The proposed activity and the application on which a decision will be taken;
Art.6.2.b (b) The nature of possible decisions or the draft decision;
Art.6.2.c (c) The public authority responsible for making the decision;
Art.6.2.d (d) The envisaged procedure, including, as and when this information can be provided:
Art.6.2.d.i (i) The commencement of the procedure;
Art.6.2.d.ii (ii) The opportunities for the public to participate;
Art.6.2.d.iii (iii) The time and venue of any envisaged public hearing;
Art.6.2.d.iv (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;
Art.6.2.d.v (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
Art.6.2.d.vi (vi) An indication of what environmental information relevant to the proposed activity is available; and
Art.6.2.e (e) The fact that the activity is subject to a national or transboundary environmental impact assessment procedure.
Art.6.3 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.
Art.6.4 4. Each Party shall provide for early public participation, when all options are open and effective public participation can take place.
Art.6.5 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.
Art.6.6 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:
Art.6.6.a (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;
Art.6.6.b (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;
Art.6.6.d (d) A non-technical summary of the above;
Art.6.6.e (e) An outline of the main alternatives studied by the applicant; and
Art.6.6.f (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.
Art.6.7 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.
Art.6.8 8. Each Party shall ensure that in the decision due account is taken of the outcome of the public participation.
Art.6.9 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.
Art.6.10 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.
Art.6.11 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.
Art.8 Article 8
Art.8.1x 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:
Art.8.1x.a (a) Time-frames sufficient for effective participation should be fixed;
Art.8.1x.b (b) Draft rules should be published or otherwise made publicly available; and
Art.8.1x.c (c) The public should be given the opportunity to comment, directly or through representative consultative bodies.
Art.8.2x The result of the public participation shall be taken into account as far as possible.
Art.9 Article 9
Art.9.1 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 in 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.
Art.9.1.ax 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.
Art.9.1.bx 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.
Art.9.2 2. Each Party shall, within the framework of its national legislation, ensure that members of the public concerned
Art.9.2.a (a) Having a sufficient interest or, alternatively,
Art.9.2.b (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.
Art.9.2.b.ix What constitutes a sufficient interest and impairment of a right shall be determined in accordance with 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.
Art.9.2.b.iix 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.
Art.9.3 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.
Art.9.4 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, 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.
Art.9.5 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.