Philip Kearney Chair of the Task Force on Public Participation in Decision-making

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Philip KearneyChair of the Task Force on Public
Participation in Decision-making

• Public participation in environmental
  decision-making the Aarhus Convention

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• This presentation will address
• The Aarhus Conventions requirements regarding
  public participation in environmental
  decision-making
• Some practical issues of implementation
• Current work of the Conventions Task Force on
  Public Participation in Decision-making

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• The Aarhus Conventions provisions on public
• participation in environmental decision-making
• Public participation in decisions on specific
  activities article 6 and annex I
• Public participation in decisions on genetically
  modified organisms (GMOs) article 6, para 11
  and GMO amendment
• Public participation concerning plans, programmes
  and policies relating to the environment
  article 7
• Public participation during the preparation of
  executive regulations and/or generally applicable
  legally binding normative instruments article 8

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• Public participation in decisions on specific
  activities
• article 6 and annex I
• Applies to decisions on whether to permit
  proposed activities
• listed in annex I
•  
• Gives certain rights to the public concerned and
  some rights to the public generally
• Public one or more natural or legal persons,
  and in, accordance with national law or practice,
  their associations, organizations or groups
  article 2, paragraph 4
• Public concerned the public affected or likely
  to be affected by, or having an interest in, the
  environmental decision-making.
• For the purposes of this definition, NGOs
  promoting environmental protection and meeting
  any requirements under national law are deemed to
  have an interest article 2, paragraph 5
• contd

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• contd
• The public concerned to be informed, either by
  public
• notice or individually, early and in an
  adequate, timely
• and effective manner, of
• The proposed activity
• Nature of possible decisions
• Public authority responsible for making the
  decision
• The public participation procedure envisaged
  (including timeframes and opportunities to
  participate)
• If the activity is subject to national or
  transboundary EIA procedure
• Public participation procedures must include
  reasonable timeframes to allow effective public
  participation
• Early participation when all options are open and
  effective public participation can take place
• contd

6

• contd
• Applicants should be encouraged to identify
  public concerned,
• to enter into discussions and to provide
  information regarding the
• objectives of their application before
  applying for a permit
• All relevant information to be made accessible to
  public concerned upon request, free of charge, as
  soon as it becomes available
• The public allowed to submit, in writing or, as
  appropriate, at a hearing, any comments,
  information, analyses or opinions that it
  considers relevant to the proposed activity
• Due account of outcome of public participation
• The public to be promptly informed of decision
  and decision (including reasons) to be made
  accessible
• These requirements apply equally to updates or
  changes to existing article 6 decisions

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• Public participation in decision-making on
• genetically modified organisms (GMOs)
• Currently, Parties must apply the Conventions
  public
• participation requirements on decisions on
  whether to
• permit the deliberate release of GMOs into
  the environment to the extent feasible and
  appropriate - article 6, para 11
• However
• In 2005, Parties to the Aarhus Convention adopted
  an amendment to the Convention on public
  participation in GMO decisions
• Will enter into force when ratified by ¾ of
  Parties at time amendment was adopted.
• Has 22 ratifications, needs 5 more ratifications
  by States who were Parties at the time the
  amendment was adopted.
• contd

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• When in force, the GMO amendment will require
• Each Party to provide for early and effective
  information
• and public participation prior to making
  decisions on
• whether to permit
• The deliberate release of GMOs into the
  environment and
• The placing on the market of GMOs.
• Right to participate for the public generally,
  not just public concerned
• Each Party to make available to the public a
  summary of the notification to obtain an
  authorization for the deliberate release into the
  environment or the placing on the market of a GMO
  on its territory,
• and the assessment report where available
• .contd

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• contd
• Some types of information cannot be kept
  confidential
• Decision-making procedures must be transparent
  and provide
• access to the relevant procedural information
• Public entitled to submit any comments,
  information, analyses or opinion it considers
  relevant
• Due account to be taken of outcome of public
  participation
• Text of decision, along with reasons, to be made
  public

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• Public participation on plans, programmes and
• policies article 7
• Plans and programmes
• Each Party must make practical and/or other
  provisions
• for the public to participate during the
  preparation of plans and programmes relating to
  the environment
• Within a transparent and fair framework
• The necessary information must be provided to the
  public
• Reasonable timeframes for the public to be
  informed, to prepare and to participate
  effectively
• contd

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• contd
• Plans and programmes
• Early public participation, when all options are
  open and effective public participation can take
  place
• Due account to be taken of the outcome of the
  public participation
•  Policies
• Each Party shall endeavour to provide
  opportunities for public participation in the
  preparation of policies related to the
  environment

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• Public participation during the preparation of
• executive regulations article 8
• Each Party must strive to promote effective
  public participation in the preparation of
  executive regulations and other legally binding
  rules that may have a significant effect on the
  environment
• While options are still open
• Time-frames sufficient for effective
  participation should be fixed
• Draft rules should be published or otherwise made
  publicly available
• The public should be given the opportunity to
  comment, directly or through representative
  bodies
• The results of public participation should be
  taken into account as far as possible

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• II. Some practical issues of implementation
• Ensuring adequate, timely and effective
  notification
• article 6, paragraph 2
• Information sufficiently clear and detailed
• Notification must actually reach public
  concerned, including those without easy access
  (e.g. rural communities without technology, low
  literacy, women in some communities)
• Reasonable timeframes article 6, paragraph 3
• Sufficient time for the public to prepare and
  participate effectively
• Early public participation, when all options are
  open article 6, paragraph 4
• All options must truly be open too late if
  public authorities have already committed to
  certain choices or arrangements
• contd

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• contd
• Access to all information relevant to
  decision-making article 6, paragraph 6
• Free of charge
• Presumption that EIA documentation to be
  disclosed in its entirety
• Effective access (opening hours, convenient
  location)
• Due account to be taken of the outcome of the
  public participation
• article 6, paragraph 8
• Austrias 2008 Standards on Public Participation,
  adopted to assist government officials
• Take into account means that you review the
  different arguments brought forward in the
  consultation from the technical point of view, if
  necessary discuss them with the participants,
  evaluate them in a traceable way, and then let
  them become part of the considerations on the
  drafting of your policy, your plan, your
  programme, or your legal instrument
• contd

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• contd
• Public to have access to the text of the
  decision, along with reasons and considerations
  on which it is based article 6, paragraph 9
• Some countries require the substance of all
  comments to be addressed in a written document
  justifying the final decision, sometimes called a
  "response document".
• Delegation of public participation tasks by
  public authorities
• Neither developers (project applicants) nor
  consultants hired by them specialising in public
  participation can ensure the impartiality
  necessary to properly conduct the public
  participation procedure in compliance with the
  Convention.
• Therefore, giving developers responsibility for
  organizing the public participation e.g. making
  available the relevant information to the public
  and for collecting comments, would not be
  compatible with the Convention.
• contd

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• This does not mean that developers, overseen by
  the
• competent public authority, must be entirely
  excluded
• from the organization of the public
  participation
• procedure. For example, the developer may be
  required to
• Notify the public in line with article 6,
  paragraph 2, or at least to pay for some of the
  costs of such notification (e.g. notices in the
  press or on TV) or
• Assist in the organization of public hearings, or
  
• Pay a special fee to cover the costs related to
  public participation.

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• III. Aarhus Conventions Task Force on Public
• Participation in Decision-making
• Current work includes
• Draft recommendations on public participation in
  environmental decision-making - comments on
  draft welcome
• Call for case studies on public participation in
  environmental decision-making - new case studies
  welcome
• See http//www.unece.org/env/pp/ppdm.html

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• contd
• Upcoming events
• Joint event with Protocol on Water and Health on
  public participation in environmental
  decision-making special focus on water and
  health, Geneva6-8 June 2012
• Joint event with Protocol on Strategic
  Environmental Assessment on public participation
  in strategic decision-making, Geneva, 29-30
  October 2012
• Joint event with ANCCLI on public participation
  in environmental decision-making special focus
  on nuclear issues, Luxembourg, 12-14 March 2013
  (provisional)

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• Thank you!
• For further information
• Website http//www.unece.org/env/pp/ppdm.html
• Email public.participation_at_unece.org