Section V PARTICIPATION OF THE PUBLIC under the UNECE INDUSTRIAL ACCIDENT CONVENTION TRAINING SESSION ON DRAWING UP NATIONAL TRAINING SESSION ON DRAWING UP NATIONAL IMPLEMENTATION REPORTS IMPLEMENTATION REPORTS Warsaw, Poland, 12-13 September 2005 Warsaw, Poland, 12-13 September 2005
Provisions on public participation: Provisions on public participation: Art. 9, para 2: “The Party of origin shall, in accordance with the provisions of this Convention and whenever possible and appropriate, give the public in areas capable of being affected an opportunity to participate in relevant procedures with the aim of making known its views and concerns on prevention and preparedness measures, and shall ensure that the opportunity given to the public of the affected Party is equivalent to that given to the public of the Party of origin.”
Provisions on public participation: Provisions on public participation: Art. 9, para 3: “The Parties shall, in accordance with their legal systems and, if desired, on a reciprocal basis provide natural or legal persons who are being or are capable of being adversely affected by the transboundary effects of an industrial accident in the territory of a Party, with access to, and treatment in the relevant administrative and judicial proceedings, including the possibilities of starting a legal action and appealing a decision affecting their rights, equivalent to those available to persons within their own jurisdiction”
Comparing PP provisions: Comparing PP provisions: the Seveso II Directive (96/82/EC) the Seveso II Directive (96/82/EC) � Consultation is foreseen in the following cases: � Consultation is foreseen in the following cases: � Art. 11 (Emergency Plans): � Art. 11 (Emergency Plans): � Para. 3: “ Without prejudice to the obligations of the competent � Para. 3: “ Without prejudice to the obligations of the competent authorities, Member States shall ensure that ………… the public is authorities, Member States shall ensure that ………… the public is consulted on external emergency plans .” consulted on external emergency plans .” � Art. 13 (Information on Safety Measures): � Art. 13 (Information on Safety Measures): � Para. 5: “ Member States shall ensure that the public is able to give its � Para. 5: “ Member States shall ensure that the public is able to give its opinion in the following cases: opinion in the following cases: � - planning for new establishments covered in Art. 9 � - planning for new establishments covered in Art. 9 � - modifications to existing establishments under Art. 10, where such � - modifications to existing establishments under Art. 10, where such modifications are subject to obligations provided for in this Directive as to modifications are subject to obligations provided for in this Directive as to planning planning � - developments around such existing establishments . � - developments around such existing establishments .
Comparing PP provisions: Comparing PP provisions: the Aarhus Convention the Aarhus Convention � Right, for the interested public, to participate to decision-making � Right, for the interested public, to participate to decision-making related to authorization of specific activities, mostly industrial, related to authorization of specific activities, mostly industrial, having significant environmental impact having significant environmental impact � Right to provide comments and remarks, which have to be � Right to provide comments and remarks, which have to be taken into account by public authorities taken into account by public authorities � Use of the EIA national procedures to implement such � Use of the EIA national procedures to implement such provisions provisions � Possibility to participate also in the development plans, � Possibility to participate also in the development plans, programs and policies programs and policies
Who is the “public”? Who is the “public”? Definition from the Aarhus Convention Definition from the Aarhus Convention (Art. 2. Para 4): (Art. 2. Para 4): “The public” means one or more natural or legal “The public” means one or more natural or legal persons, and, in accordance with national persons, and, in accordance with national legislation or practice, their associations, legislation or practice, their associations, organizations or groups” organizations or groups”
Different levels of participation Different levels of participation Basis: Information ( I ) 1 st level: Consultation ( C ) Higher levels: Active involvement, participation in planning development, shared decision-making, self-determination ( P ) I C Authorities Public P
Meaning of “consultation” Meaning of “consultation” Info Cons Part � Consultation: � Consultation: Gathering information or opinions from the public to develop Gathering information or opinions from the public to develop solutions based on this knowledge; there is no obligation to solutions based on this knowledge; there is no obligation to take on board these inputs. take on board these inputs.
Conditions to allow PP Conditions to allow PP � Organizational and institutional setting: � Organizational and institutional setting: � establishment of competent authorities, technical bodies, � establishment of competent authorities, technical bodies, committes, etc. committes, etc. � definition of their functions and roles in the process of public � definition of their functions and roles in the process of public involvement involvement � Establishment of procedures: laws, regulations � Establishment of procedures: laws, regulations � Identification of tools: documents, media, internet, public � Identification of tools: documents, media, internet, public hearings, questionnaires, interviews, etc. hearings, questionnaires, interviews, etc.
Questions from the implementation Questions from the implementation report: report: Question no. 22: Question no. 22: Provide information on how your legislation ensures Provide information on how your legislation ensures that your own public capable of being affected by an that your own public capable of being affected by an accident can participate in establishing and accident can participate in establishing and implementing preventive, preparedness and response implementing preventive, preparedness and response measures. measures.
Answer to Q. 22 Answer to Q. 22 Review of existing laws: Review of existing laws: � ORG (role, responsibilities): � ORG (role, responsibilities): Info Cons Part � PROD (laws, regulations) � PROD (laws, regulations) Info Cons Part Info � TOOLS � TOOLS Cons Part
Questions from the implementation Questions from the implementation report: report: Question no. 23: Question no. 23: Is the possibility of participation given to the Is the possibility of participation given to the potentially affected public in neighbouring countries potentially affected public in neighbouring countries equivalent to that given to your own public? equivalent to that given to your own public?
Answer to Q. 23 Answer to Q. 23 � Review of existing bilateral � Review of existing bilateral Info Cons agreements and protocols agreements and protocols Part � Coordination among local � Coordination among local Info institutions/organizations institutions/organizations Cons Part � Joint emergency drills � Joint emergency drills
Questions from the implementation Questions from the implementation report: report: Question no. 24: Question no. 24: Do natural or legal persons capable of being affected Do natural or legal persons capable of being affected by an industrial accident in the territory of another by an industrial accident in the territory of another Party have access to the relevant administrative and Party have access to the relevant administrative and judicial procedures in your country? judicial procedures in your country?
Answer to Q. 24: Answer to Q. 24: � Complex issue, technical nature � Complex issue, technical nature � The EU is discussing a proposal for a Directive covering the � The EU is discussing a proposal for a Directive covering the third pillar of the Aarhus Convention (access to justice) third pillar of the Aarhus Convention (access to justice) � Examination of national legislation having a more general scope � Examination of national legislation having a more general scope of application could be useful for our specific case of application could be useful for our specific case � Ratification of Aarhus Convention should help to face the issue, � Ratification of Aarhus Convention should help to face the issue, with indication of national provisions for implementation with indication of national provisions for implementation
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