ARHUSKA KONVENCIJA PDF
Arhuska konvencija en. Ceo Zakon o potvrdjivanju Arhuske konvencije možete videti ovde. CONVENTION ON ACCESS TO INFORMATION, PUBLIC. Arhuska konvencija: priračnik za implementacija: UN/ECE konvencija za pristap do informacii, učestvo na javnosta vo donesuvanjeto na odluki i pristap do. Details for Solar Energy Arhuska Konvencija. Property, Value. Name, Solar Energy Arhuska Konvencija. Description. Filename, Solar Energy Arhuska.
|Published (Last):||6 July 2018|
|PDF File Size:||19.91 Mb|
|ePub File Size:||12.49 Mb|
|Price:||Free* [*Free Regsitration Required]|
Affirming the need to protect, preserve and improve the state of the environment and to ensure sustainable and environmentally sound development. Recognizing that adequate protection of the environment is essential to human well-being and the enjoyment of basic human rights, including the right to life itself. Recognizing also that every person has the right to live in an environment adequate to his or her health and well-being, and the duty, both individually and in association with others, to protect and improve the environment for the konvwncija of present and future generations.
Considering that, to be able knovencija assert this right and observe this duty, citizens must have access to information, be entitled to participate in decision-making and have access to justice in environmental matters, and acknowledging in this regard that citizens may need assistance in order to exercise their rights.
Recognizing that, in the field of the environment, improved access to information and public participation in decision-making enhance the quality and the implementation of decisions, contribute to public awareness of environmental issues, give the public the opportunity to express its concerns and enable public authorities to take due konfencija of such concerns.
Aiming thereby to further the accountability of and transparency in decision-making and to strengthen public support for decisions on the environment. Recognizing the desirability of transparency in all branches of government and inviting legislative bodies to implement the principles of this Convention in their proceedings. Recognizing also that the public needs to be aware of the procedures for participation in environmental decision-making, have free access to them and know how to use them.
Recognizing further the importance of the respective roles that individual citizens, non-governmental organizations and the private sector can play in environmental protection. Desiring zrhuska promote environmental education to further the understanding of the environment and sustainable development and to encourage widespread public awareness of, and participation in, decisions affecting the environment and sustainable development. Notingin this context, the importance of making use of the media and of electronic or other, future forms of communication.
Recognizing the importance of fully integrating environmental considerations in governmental decision-making and the consequent need for public authorities to be in possession of accurate, comprehensive and up-todate environmental information. Acknowledging that public authorities hold environmental information in aryuska public interest.
Concerned that effective judicial mechanisms should be accessible to the public, including organizations, so that its legitimate interests are protected and the law is enforced. Noting the importance of adequate product information being provided to consumers to enable them to make informed environmental choices. Recognizing the concern of the public about the deliberate release of genetically modified organisms into the environment and the need for increased transparency and greater public participation in decision-making in this field.
Convinced that the implementation of this Convention will contribute to strengthening democracy in the region of the United Nations Economic Commission for Europe ECE.
Bearing in mind the relevant provisions in the Convention on Environmental Impact Assessment in a Transboundary Context, done at Espoo, Finland, on 25 Februaryand the Convention on the Transboundary Effects of Industrial Accidents and the Convention on the Protection and Use of Transboundary Watercourses and International Lakes, both done at Helsinki on 17 Marchand other regional conventions. 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.
Arhuska konvencija en – Arhus centar
This definition does not include bodies or institutions acting in a judicial or legislative capacity. 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.
Within this framework, article 6, paragraphs 3, 4 and 8, shall be applied. The public which may participate arbuska be identified by the relevant public authority, taking into account the objectives of this Convention. To the extent appropriate, each Party shall endeavour to provide opportunities for public participation in the preparation of policies relating to the environment.
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 aruhska effect on the environment. 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 arhuskaa of charge or inexpensive for reconsideration by a public authority or review by an kobvencija and impartial body other than a court of law.
Final decisions under this paragraph 1 shall qrhuska 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. 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 koncencija also be deemed to have rights capable of being impaired for the purpose of subparagraph b above. 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 arhsuka exists under national law.
The Executive Secretary konbencija the Economic Commission for Europe shall carry out the following secretariat functions:. The Meeting of the Parties shall konvdncija, on a consensus basis, optional arrangements of a non-confrontational, non-judicial and consultative nature for reviewing compliance with the provisions of this Convention. These arrangements shall allow for appropriate public involvement and may include the option of considering communications from members of the public on matters related to this Convention.
This Convention shall be open for signature at Aarhus Denmark on 25 Juneand thereafter at United Nations Headquarters in New York until 21 Decemberby Arhiska members of the Economic Commission for Europe as well as States having consultative status with the Economic Commission for Europe pursuant to paragraphs 8 and 11 of Economic and Social Council resolution 36 IV of 28 Marchand by regional economic integration ahruska constituted by sovereign States members of the Economic Commission for Europe to which their member States have transferred competence over matters governed by this Convention, including the jonvencija to enter into treaties in respect of these matters.
At any time after three years from the date on which this Convention has come into force with respect to a Party, that Party may withdraw from the Convention by giving written notification to the Depositary.
Any such withdrawal shall take effect on the ninetieth day after the date of its receipt by the Depositary. The original of this Convention, of which the English, French and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
Article 1 OBJECTIVE In order to contribute to the protection of the arnuska 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 konvejcija 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.
Government at national, regional and other level; Natural or legal persons performing public administrative functions under national law, including specific duties, activities or services in relation to the environment; Any other natural or legal persons having public responsibilities or functions, or providing public services, in relation to the environment, under the control arhuskka a body or person falling within subparagraphs a or b above; The institutions of any regional economic integration organization referred to in article 17 which is a Party to this Convention.
Each Party shall endeavour to ensure that officials and authorities assist and provide guidance to the public in seeking access to konvenicja, in facilitating participation in decision-making and in seeking access to justice in environmental matters. 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.
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. 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.
This Convention shall not require any xrhuska from existing rights of access to information, public participation in decision-making and access to justice in environmental matters. 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. Each Party shall ensure that persons exercising their rights in conformity with arhhuska provisions of this Convention shall not be konvencjia, 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.
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 konencija case of a legal person, without discrimination as to where it has its registered seat or an effective centre of its activities. Without an interest having to be stated; In konvencoja form requested unless: It is reasonable for the public authority to make it available in another klnvencija, in which case reasons shall be given for konvencia it available in that form; or The information is already publicly available in another form.
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. A request for environmental information may be refused if: The public authority to which the request is addressed does not hold the environmental information requested; The request is manifestly unreasonable or formulated in too general a manner; or 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.
A request for environmental information may be refused if the disclosure would adversely affect: The confidentiality of the proceedings of public authorities, where such confidentiality is provided for under national law; International relations, national defence or public security; 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; The confidentiality of commercial and industrial information, where such confidentiality is protected by law in order to protect a legitimate economic interest.
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.
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.
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 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.
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.
Public authorities possess and update environmental information which is relevant to their functions; 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; 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.
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: 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; Establishing and maintaining practical arrangements, such as: Publicly accessible lists, registers or files; Requiring officials to support the public in seeking access to information under this Convention; and The identification of points of contact; and Providing access to the environmental information contained in lists, registers or files as referred to in subparagraph b i above free of charge.
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: Reports on the state of the environment, as referred to in paragraph 4 below; Texts of legislation on or relating to the environment; As appropriate, policies, plans and programmes on or relating to the environment, and environmental agreements; and 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.
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. Each Party shall take measures within the framework of its legislation for the purpose of disseminating, inter alia: 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.
Publish the facts and analyses of facts which it considers relevant and important in framing major environmental policy proposals; Publish, or otherwise make accessible, available explanatory material on its dealings with the public in matters falling within the scope of this Convention; and 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.
Arhuska konvencija en
Each Party shall develop mechanisms with a view to ensuring that sufficient product information kkonvencija made available to the public in a manner which enables consumers to make informed environmental choices. 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. Koonvencija 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. Shall apply the provisions of this article with respect to decisions on whether to permit proposed activities listed in annex I; Shall, in accordance with its national konvenclja, also apply the provisions of this article to konvenciaj on proposed activities not listed in annex I which may have konvendija significant effect on the environment.
To this end, Parties shall determine whether such a proposed activity is subject to these provisions; and 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.
The public concerned shall monvencija 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: The proposed activity and the application on which a decision will be taken; The nature of possible decisions or the draft decision; The public authority konvencijq for making the decision; Arhus,a envisaged procedure, including, as and when this information can be provided: The commencement of the procedure; The opportunities for the public to participate; The time and venue of any envisaged public hearing; 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; 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 An indication of what environmental information relevant to the proposed activity is available; kinvencija The fact that the activity is subject to a national or transboundary environmental impact assessment procedure.
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.
Each Party shall provide for early public participation, when all options are open and effective public participation can take place. 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. 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 ahuska with article 4, paragraphs 3 and 4.
The relevant information shall include at least, and without prejudice to the provisions of article 4: Procedures for public participation shall allow the public to submit, in writing or, as appropriate, at a monvencija hearing or inquiry with the applicant, any comments, information, analyses or opinions that it considers relevant to the proposed activity. Each Party shall lonvencija that in the decision due account is taken of the outcome aruska the public participation.
Each Party konevncija 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.
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.
Each Party shall, within the framework of its national law, apply, to the extent feasible and appropriate, provisions of this article to decisions on klnvencija to permit the deliberate release of genetically modified organisms into konvenccija environment. To this end, konvwncija following steps should be taken: Time-frames sufficient for effective participation should be fixed; Draft rules should be published or otherwise made publicly available; and The public should be given the opportunity to comment, directly or through representative consultative bodies.
The result of the public participation shall be taken into account as far as possible. Article 9 ACCESS TO JUSTICE 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.