II. NATIONAL TASKS RELATED TO THE INTERNATIONAL CONVENTIONS
21. Convention on the access to information and public participation
(A) Main features of the legal instrument and the international organisation
A1. Basic data
Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters
INTERNATIONAL
* Adoption: 25 June 1998
* Venue: Aarhus (Denmark)
* Entry into force: 30 October 2001
* Organisation: UNECE
* Depositary: UN Secretary General
* Parties (1st quarter of 2006): 39 (incl. EC) HUNGARIAN
* Signature: 18 December 1998
* Ratification/approval: 3 July 2001 (ratification)
* Entry into force: 30 October 2001
* Promulgation: 4 December 2001
The decision on drafting the Convention was made at the third Pan-European Conference of Ministers of Environmental Protection held in Sofia in 1995. The preparation of the Convention was coordinated by UNECE. Besides the government delegates, four representatives of the European non-governmental environment protection organisations also participated endowed with full capacity.
A2. Objectives
The greatest value of the Convention is that it collected and set into a general framework the elements of public participation previously existing in international law and individual national laws. Thus the three pillars of the Convention – the rights of access to information, public participation in decision-making and access to justice in environmental matters – are much more effective together than individually. The Convention complemented the three pillars by principles, definitions and more specific provisions, and the section on education and awareness raising towards participation provide for the three pillars to actually be accessible to the public following their own and their wider public interests.
The objective of this Convention reads: 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. 1).
A3. Specific commitments
The basic obligation is to ensure that the public has access to information on environmental matters, may participate in environmental decision-making and has access to justice in environmental matters. The specific commitments related to these are the following:
• The right to access to environmental information is divided into passive (request) and active (the public authorities and operators provide information without request) cases.
The Convention makes provisions on providing information without an interest having to be stated, on the forms and on the deadlines of providing information, on the amounts that may be charged for providing information and on the cases of refusal to provide information (e.g.: inexistent information; request too general or unreasonable; protection of public security, information adversely affecting interests of a third party). (Art. 4)
• Among the forms of active provision of information, the following are mentioned: regular reports issued on the state of the environment, public availability of lists and registers, the texts of environmental legislation, international environmental commitments, product information and information included in pollutant release and transfer registers (PRTR).
(Art. 5)
• Participation in environmental decision-making shall be ensured both in individual public administration procedures (list of activities, the informing of those concerned, the right to express opinion) and in making normative decisions (preparation of legislation, development of plans, programmes and policies). (Art-s 6, 7, 8)
• Legal remedy shall be ensured in cases of the violation of access to the rights to information, participation and environment (Art. 9).
A4. Specific provisions applying to Hungary
The Convention contains no specific provisions implying tasks different from the general ones for any group of countries, including Hungary.
A5. Financial and facilitating mechanisms
Contribution to the financial fund of the Convention is voluntary.
A6. Further development of the legal instrument
Efforts have been made for organising the implementation of the Convention, and even for the further development of its text already before its entry into force; in addition, the Contracting Parties made decisions on setting up a number of working groups in several fields, including: guarantees of implementation and application; Pollution Release and Transfer Registers (PRTR); genetically modified organisms; access to justice; electronic information tools. The Convention makes provisions for a separate Protocol on the introduction of pollutant release and transfer registers (PRTR) [Art. 5 (9)] (see 21.a). The decision on drafting the Protocol was made at the first session of the Meeting of the Parties.
The second session (2005) adopted the amendment to Article 9 of the Convention concerning activities with Genetically Modified Organisms (GMOs).
A7. The international organisation
The highest decision making body of the Convention is the Meeting of the Parties. The Secretariat of the Convention operates in the framework of the UNECE Environment and Human Settlements Division.
(B) Adoption and implementation of the legal instrument in Hungary
B1. Adoption
Hungary signed the Convention on 18 December 1998, and the document of ratification was deposited on 3 July 2001 as per Parliament Resolution 35/2001. (VI. 1.) OGY.
B2. Implementation of the general objectives in Hungary
In the course of the implementation of the Convention in Hungary – considering that Hungarian legislation is in line with the spirit and text of the Convention – primarily the conditions of practical issues in the implementation need to be facilitated. The most important framework of solving the problems related to the Convention is the National Environmental Programme (NEP). NEP-II for the period of 2003-2008 addresses the main tasks related to the Convention in the action programme "Raising Environmental Awareness"; these tasks are: setting up a country-wide network of unified environmental information system;
ensuring the adequate level of environmental monitoring system, the development of the imission measurement network; the development of an integrated environmental assessment system; the operation of a National Biodiversity Monitoring System; the development of the geographic information system supporting the implementation of the Water Framework Directive; the forming of interministerial co-operation for the development of a country-wide environmental geographic information system; the assessment of the load placed on the environment by different sectors and their tendencies.
B3. Implementation of specific tasks in Hungary
For the purpose of rendering legislation open and widely available, MEW publishes the draft laws it is preparing on its Internet homepage. In case of more significant acts, partici-pation of the public is called for at the stage of conceptual planning, and consultation forums are organised. The activity of the National Environmental Council acting as an advisory body of the government is a significant element in the promotion of open legislation.
In order to facilitate the development of the conditions of public participation and the access to information, the following have been developed and need further development:
material and personal conditions at the customer services of environmental inspectorates and national parks; the IT background of the national and international flow of information and unified national and international data-bases which serve as background for the preparation of decisions, planning, regulation and is necessary for meeting the obligations of providing international data and for the provision of information to the public. In particular, MEW developed a comprehensive national air pollution database so that the public may receive regular and accurate information on the levels of air pollution in different formats. Further developments were realised for the accessibility of other environmental data.
Measures taken for the promotion of public participation are: the facilitation of access to environmental information; the inclusion of NGOs and the public into the preparation of
decisions concerning them; the setting up of convenient inventories; the inclusion of NGOs in carrying out environmental tasks and the financial assistance of these NGOs; and the setting up of instruments for enabling participation (information, education).
B4. Contribution to the financial funds --
B5. Participation in international programmes
The European Community – a Contracting Party itself – prepared and opened for comprehensive debate the "Aarhus Legislative Package" by the beginning of 2004, which means that the most important parts of the Convention will be included in EU legislation. At the beginning of 2005, the European Parliament and the Council adopted a regulation on the application of the provisions of the Aarhus Convention to EC institutions and bodies.
B6. Hungarian participation in the international organisation
Hungarian governmental and non-governmental experts took an active part in the negotia-tions preparing the Convention; on the part of NGOs Gyula Bándi (ELTE), Magdolna Tóth (REC) and Sándor Fülöp (EMLA), who is currently (for the period of 2002-2006) a member of the Compliance Committee, participated in the negotiations. Representatives of MEW took part in the work of the Working Group of the Parties to facilitate the implementation of the Con-vention, in the Task Force on Electronic Information Tools and in the Working Group on GMOs.
B7. Coordination in Hungary
MEW is responsible for coordinating the implementation of the Convention as well as the representation of the Hungarian position at international negotiations.
(C) Legal instruments and other references
#2001: Act LXXXI of 2001 on the promulgation of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, adopted in Aarhus, on 25 June 1998
#2001: Parliament Resolution 35/2001.(VI. 1.) OGY on the ratification of the Convention on Access to Information, Public Participation in Decision-Making and Access To Justice in Environmental Matters, adopted in Aarhus, on 25 June 1998
#1995: Act LIII of 1995 on the protection of the environment
#1995: Act LXV of 1995 on state secrets and office secrets
#1992: Act LXIII of 1992 on the protection of personal data and the public availability of data of public interest
#1990: Act LXV of 1990 on self-governments
#1987: Act XI of 1987 on legislation
#1977: Act I of 1977 on announcements, recommendations and complaints of general concern
#1977: Ministerial Decree 11/1977. (III. 30.) MT on the implementation of Act I of 1977 on announcements, recommendations and complaints of general concern
#1957: Act IV of 1957 on the general procedural regulations of state administration
*1995: Fülöp S., J. Péter, 1995: The conditions of ratifying the Espoo convention in the Hun-garian legal system. (H: Az Espoo-i egyezmény ratifikálásának feltételei a magyar jogrendszerben). Környezetvédelmi jogi tanácsadó szolgálat, Budapest
21.a. POLLUTANT RELEASE AND TRANSFER REGISTERS
(A) Main features of the legal instrument and the international organisation
A1. Basic data
Protocol on Pollutant Release and Transfer Registers (PRTR)
INTERNATIONAL
* Adoption: 21 May 2003
* Venue: Kiev (Ukraine)
* Entry into force:
* Organisation: UNECE
* Depositary: UN Secretary General
* Parties (1st quarter of 2006): 2 (incl. EC) HUNGARIAN
* Signature: 21 May 2003
* Ratification/approval:
* Entry into force:
* Promulgation:
The Protocol (PRTR Protocol) was drafted on the basis of Article 5 (9) of the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (see 21). Drafting the Protocol was supported by the decision made at the first session of the Meeting of the Parties to the Convention (21-23 October 2002, Lucca).
The Protocol was signed by 34 States and organisations at the Conference of Environ-mental Ministers held in Kiev on 21-23 May 2003, including Hungary and the European Community. Now there are 37 signatories and only 2 Parties to this Protocol (the European Community and Luxembourg).
The Protocol shall enter into force on the ninetieth day after the date of deposit of the sixteenth instrument of ratification, acceptance, approval or accession.
A2. Objectives
The objective of the Protocol is to enhance public access to information through the establishment of coherent, integrated, nationwide pollutant release and transfer registers (PRTRs) in accordance with the provisions of the Protocol, which could facilitate public participation in environmental decision-making and contribute to the prevention and reduction of the pollution of the environment.
A3. Specific commitments
Each Party undertakes to establish and maintain a publicly accessible national pollutant release and transfer register that will contain data on:
• pollutant releases to all three environmental media,
• the transfer of pollutants and wastes,
• and diffuse sources.
The pollutant release and transfer register system shall conform to a number of requirements. It shall:
• be facility-specific with respect to reporting on point sources;
• accommodate reporting also on diffuse sources;
• present the transfer register according to the amount of waste or of the pollutants in the waste as appropriate;
• contain information on releases into air, land and water;
• include information on transfers of pollutants or wastes;
• be based on mandatory reporting on a periodic basis;
• include standardized and timely data,
• be coherent and designed to be user-friendly and publicly accessible (also in electronic form if possible),
• allow for public participation in the development of the register and in its modification,
• be a structured, computerised database or several linked databases maintained by the competent authority.
It is also important that information on releases and transfers in the register be searchable and identifiable in various forms, such as: in aggregated and non-aggregated forms, according to facility and geographical location, pollutant or waste, type of sources (point, diffuse) etc.
A4. Specific provisions applying to Hungary
The Protocol contains no specific provisions implying tasks different from the general ones for any group of countries, including Hungary.
The Protocol only provides for minimum requirements with respect to the type of activities, the list of pollutants and the applied threshold values. The Parties may also establish more comprehensive databases.
A5. Financial and facilitating mechanisms --
A6. Further development of the legal instrument --
A7. The international organisation
Until the entry into force of the Protocol, the international UNECE Working Group on Pollutant Emission and Transfer Registers manages the preparation of the tasks set in the Protocol.
(B) Adoption and implementation of the legal instrument in Hungary
B1. Adoption
Hungary signed the Protocol on 21 May 2003 at the Pan-European Conference of Ministers of Environmental Protection held in Kiev. The ratification of the Protocol is in progress.
B2. Implementation of the general objectives in Hungary
Hungary is currently under obligation to provide data. One of the most important commitments is based on Commission Decision 2000/479/EC on the establishment of a European Pollutant Emission Register (EPER).
This makes it possible for the member states to provide environmental information in set periods to the European Commission on companies covered by Directive 96/61/EC IPPC, which information is summarised and published.
The obligation for Hungary to set up a PRTR database also follows from the membership in OECD and the provisions of the Aarhus Convention.
B3. Implementation of specific tasks in Hungary
The implementation of the Protocol currently does not pose extra obligations for Hungary, as existent obligations set in law on collecting and providing data may be used for the establishment of the initial PRTR system, and the development of the more extensive database may be carried out in parallel with the other EU member states.
The European Commission plans to build the PRTR system in a gradual manner from the EPER system, which is already legally obligatory (as PRTR is more extensive than EPER).
The EU – and consequently, Hungary – will consider the first database, based on EPER as an initial PRTR, which shall be expanded in the following steps:
• 2001-2003: preparation, the development of methodology and database; meeting the minimum requirements set in the EPER Resolution; first report: June 2003, the assessment of the extension courses of EPER – the Hungarian report on this topic has been prepared and issued;
• 2004-2006: evaluation of the first reporting period; extension of EPER to "EPER+" with waste transfer and releases into ground and underground waters; preparation of legislation related to the EPER/PRTR systems;
• 2007-2008: evaluation of the second reporting period; extension of "EPER+" to a comprehensive EPER/PRTR system by the extension of the list of pollutants, threshold values and source categories.
B4. Contribution to the financial funds --
B5. Participation in international programmes
(See above for co-operation in the framework of the EU.) B6. Hungarian participation in the international organisation
--
B7. Coordination in Hungary
MEW is responsible for coordinating the implementation of the Protocol as well as the representation of the Hungarian position at international negotiations.
(C) Legal instruments and other references
*2003: MEW, 2003: First Hungarian Report on the European Pollutant Release and Transfer Register http://eper-prtr.kvvm.hu
22. REGULATION OF INTERNATIONAL TRADE