PART III: Appendices

1. Environmental Impact Assessments

Espoo Convention on Environmental Impact Assessment in a Transboundary Context, Feb. 25, 1991

• The party of origin shall provide the public, in areas it is likely to be affected, the opportunity to participate in relevant, environmental impact assessment procedures regarding proposed activities and shall ensure that the opportunity provided to the public of the affected party is equivalent to that provided to the public of the party of origin. (Article 2[6])
• The concerned parties shall ensure that the public of the affected party in the areas likely to be affected be informed of, and be provided with, possibilities for making comments or objections to the proposed activity, and for the transmittal of these comments or objections to the competent authority of the party of origin. (Article 3[8])
• The concerned parties shall arrange for the environmental impact assessment documentation to be distributed to the public of the affected party in the areas likely to be affected and for the submission of comments to the competent authority, within a "reasonable" time before the final decision is taken on the proposed activity. (Article 4)

UNEP Principles of Environmental Impact Assessment

• Principle 7: "Before a decision on the activity is made, government agencies, members of the public, experts in relevant disciplines and interested groups should be allowed appropriate opportunity to comment on the EIA."
• Principle 8: "A decision as to whether a proposed activity should be authorized or undertaken should not be taken until an appropriate period has elapsed to consider comments pursuant to Principles 7 and 12."
• Principle 9: "The decision on any proposed activity subject to an EIA should be in writing to state the reasons, therefore, and include provisions if any, to prevent, reduce or mitigate damage to the environment. This decision should be made available to interested persons or groups."

European Community Council Directive of June 27, 1985, on the assessment of the effects of certain public and private projects on the environment (85/337/EEC)

• When projects are exempted from EIA, member states shall make information relating to the exemption and the reasons for it available to the public. (Article 2)
• Any request for development consent and any information gathered pursuant to Article 5 are to be made available to the public. (Article 6)
• Concerned public must be given an opportunity to express an opinion before the project is initiated. (Article 6)
• Member states determine the "public concerned," specify the places where information can be consulted, specify the way in which the public may be informed, determine the manner in which the public is to be consulted, fix appropriate time limits. (Article 6)
• Information gathered from the public must be taken into consideration. (Article 8)
• The public must be informed of the decision taken and the reasons behind it with the method to be determined by member states. (Article 9)

Convention on Biological Diversity, 1992

• Stresses the importance of, and the need to promote, international, regional and global cooperation among states and intergovernmental organizations and the nongovernmental sector. (Preamble)
• Parties shall encourage cooperation between governmental authorities and the private sector in developing methods for sustainable use of biological diversity. (Article 10[e])
• Parties shall introduce appropriate procedures requiring environmental impact assessment of proposed projects that are likely to have significant adverse effects on biological diversity... and, where appropriate, allow for public participation in such procedures. (Article 14[a])
• Relating to participation in the Conference of the Parties: "Any body or agency whether national or international, governmental or nongovernmental, qualified in fields relating to the protection of the ozone layer, which has informed the secretariat of its wish to be represented at a meeting of the Conference of the parties as an observer, may be admitted unless at least one-third of the parties present object. The admission and participation of observers shall be subject to the rules of procedure adopted by the Conference of the Parties."

2. Exchange of and Access to Information

Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, 1989

• Parties should cooperate in activities with other parties and "interested organizations" including dissemination of information on transboundary movement of hazardous waste and other wastes. (Article 4[2][h]).

United Nations Environmental Program Governing Council Decision: London Guidelines for the Exchange of Information on Chemicals in International Trade, 1989

• International Register of Potentially Toxic Chemicals (IRPTC) will inform designated national authorities of decisions taken by participating importing countries in a timely fashion and should also make these available to "industry and other interested parties" on request, preferably through a computer database. (Section 7.4[a])
• Designated national authorities should also consider the need to keep records of notifications and information received, issued and transmitted, which could be open for "public inspection" in accordance with national law, except for information classified as confidential or proprietary. (Section 12[d][3])
• For initial identification of chemicals for inclusion in the prior informed consent procedure: "Additionally (to governmental process), an Expert Group will consider the problem of acutely hazardous pesticide formulations to determine the need for a list of such products to supplement the chemicals already subject to the PIC procedure. The Expert Group should be made up of representatives from (various international organizations are listed). They may call upon the expertise of industry and nongovernmental organizations and other experts as they deem necessary." (Annex II, section 2 and 3)

European Economic Community Council Directive on the Freedom of Access to Information on the Environment, 1990

• Access to information relating to the environment for any "natural or legal person." (Article 3.1)
• The member states define the practical arrangements under which information will be made available. (Article 3.1)
• Judicial or administrative appeal must be possible, but only to the relevant national tribunal, not to any international body Ñ although the European Court might have jurisdiction. (Article 4)

United Nations Framework Convention on Climate Change, 1992

• Parties shall, within their capacities and in accordance with national law, promote public awareness programs on climate change and its effects, public access to information on climate change and its effects, and public participation in addressing climate change and its effects and developing adequate responses. (Article 6[a])

Convention on the Protection and Use of Transboundary Watercourses and International Lakes, 1992

• Environmental impact assessment and other means of assessment shall be applied (Article 3[1][h]). (Nothing on public participation, but it can be assumed that this means in accordance with appropriate international regulations, which would include public participation; see Espoo Convention.)
• On joint coordinated assessments to be carried out by the Riparian Parties: The results of these assessments shall be made available to the public. (Article 11[3])
• There is an entire article on public information: Riparian Parties "shall ensure" that information on the conditions of transboundary waters, measures taken or planned to be taken to prevent, control and reduce transboundary impact, and the effectiveness of those measures, is made available to the public. Specific mention is made of water quality objectives, permits, and results of sampling and compliance checks. Further, the parties "shall ensure" that this information shall be available to the public at all reasonable times for inspection, free of charge, and shall provide members of the public with reasonable facilities for obtaining from the parties, on payment of reasonable charges, copies of such information. (Article 16)

Convention on the Transboundary Effects of Industrial Accidents, 1992

• Environmental impact assessments are to be done, explicitly in accordance with the Espoo Convention. (Article 4[4])
• Article on information to and participation of, the public (Article 9):
  1. Parties "shall" ensure adequate information is given to the public in areas capable of being affected by an industrial accident arising out of a hazardous activity. The information shall be transmitted through channels chosen by the parties.
  2. The party of origin shall, whenever possible, give the public in the areas capable of being affected an opportunity to participate in relevant procedures with the aim of making known views and concerns on prevention and preparation 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.
  3. Access is provided to judicial and administrative proceedings in the other country, including the possibility of starting legal action and appealing a decision affecting their rights, equivalent to those available to persons within their own jurisdiction.
• Annex VIII gives specific guidance as to the type of information which should be made available to the public.

Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment, 1993

• Article 14 covers access to information held by public authorities: In general, any person "shall" on request, and without having to prove an interest, have access to information relating to the environment held by public authorities. The parties shall define the practical arrangements under which such information is effectively made available. Access may be restricted for reasons of confidentiality, trade secrets, etc. Public authorities must differentiate between accessible information and non-accessible information. The request must be "reasonable" and cannot be formulated in too general a manner. The response to a request should come as soon as possible and within two months. Reasons for refusal to provide information must be given. Judicial or administrative review is available for those persons who consider that a request for information was unreasonably refused or ignored or has been inadequately answered. A "reasonable" price may be charged for the information.
• Persons on the same terms as under Article 14 may have access to information relating to the environment held by bodies with public responsibilities for the environment and under the control of a public authority. (Article 15)
• There is also an access to information provision for persons who suffered damage from specific information held by operations (through a court order). (Article 16)
• Nongovernmental organizations which have the goal of protecting the environment may make certain requests to administrative or judicial bodies (according to national law) concerning prohibition of a dangerous activity, preventative measures and reinstatement measures.

3. Development Assistance

OECD Development Assistance Committee:
Working Party on Development Assistance and Environment:
Good Practices for Environmental Impact Assessment of Development Projects (August 1990)

• "The participation of the population affected (target groups) should be sought (preferably through existing organizations or representatives) and their responses be taken into account."
• "The participation of NGOs from the recipient countries may be encouraged..."

World Bank Operational Directive 4.01:
Environmental Assessment (EA)

• The Bank expects the borrower to take the views of affected groups and local NGOs fully into account in project design and implementation, and in particular in preparation of EAs. (Section 19)
• Such consultations should occur at least at the following two stages of the EA process: (a) shortly after the EA category has been assigned and (b) once a draft EA has been prepared. (Section 20)
• In order for meaningful consultations to take place between the borrower and affected groups and local NGOs, it is necessary that the borrower provide relevant information prior to consultations. The information should be provided in a timely manner and in a form that is meaningful for, and accessible to, the groups being consulted. Such information normally includes: (a) for the initial consultation, a summary of the project description and objectives, and potential adverse effects of the proposed project and (b) once the EA report has been prepared, a summary of its conclusions in a form and language meaningful to the groups being consulted. In addition, the borrower should make the EA report available at some public place accessible to affected groups and local NGOs for their review and comment.

World Bank Operational Manual, 1993

• Contains specific provisions concerning implementation of the 1993 Disclosure of Information Directive.
• In the field of environment, there will be specifically accessible environmental data sheets, environmental assessments, environmental analyses and environmental action plans.
• A Public Information Center was established in Washington, D.C., as of Jan. 1, 1994, and information is available through the internet. The center only handles requests for specific documents, not general requests.

World Bank Inspection Panel (Resolution No. 93-10, 1993)

• Requests for inspection may come from "an affected party in the territory of the borrower which is not a single individual (i.e. a community of persons such as an organization, association, society, or other grouping of individuals)..."