Bulgarian Environmental Protection Act, information provisions

Chapter Two, Information Concerning the State of the Environment

1. data concerning the state of the environment components;
2. data about the results of activities that bring or may bring about pollution or damage to the environment or its components;
3. data concerning activities and actions undertaken for protection and restoration of the environment.

Article 9
All persons and the state and municipal authorities shall have the right of access to the available information concerning the state of the environment.

Czech "Civic Associations" provisions

Act of the Czech National Council on Environmental Impact Assessment, April 15, 1992, Law #244/92.

1. A civic initiative, which for purposes of this Act is understood to be a group of at least 500 natural persons older than 18, who support in writing the public opinion according to clause 7, is entitled to participate through its plenipotentiary according to clause 3 in discussions on the documentation according to article 7, and in public discussion (article 10).
2. A civic initiative according to clause 1 identifies itself by a list of signatures which contains the names, last names, permanent address, birth number and signatures of persons who support the pertinent public statement. The list of signatures must be delivered simultaneously with the public opinion according to article 7.
3. A person marked in the list of signatures as a plenipotentiary is a plenipotentiary of civic initiative authorized to act in its name and accept documents. If this identification is missing or if it is wrong, the person listed first in the list of signatures is the plenipotentiary of the civic initiative. The plenipotentiary can appoint in writing his deputy which represents him in the extent of his powers.
4. Based on a written statement at the appropriate authority, it is possible to replace the plenipotentiary by another person. Such a statement must be signed by the majority of members of the civic initiative. The same procedure is applicable in case that the plenipotentiary of the civic initiative resigns.
5. If a majority of persons mentioned in clause 2 establish a civic association according to separate regulations (footnote #10, Act # 83/1990 on the Association of Citizens) to further: support a civic initiative statement, such an association is then a participant in administrative procedure, if decisions on building permit, activity or technology according to this Act are being made in this procedure. An already established civic association which submitted its opinion according to article 7, clause 1, is a participant of the same administrative procedure.

Article 10 Public negotiation.

1. At the latest within one month of the date on which the expert opinion was received according to article 9 the appropriate authority shall ensure a public discussion on the content of the expert opinion and public opinion including civic initiatives, the communities' opinion, and the opinion of the concerned state administrative authorities.
2. The place and time of the public discussion shall be announced in writing in advance by the appropriate authority to the netifyer [sic], communities, state administrative authorities concerned, civic initiatives, and to the person who prepared the expert opinion. If the proposed building, activity or technology relates to more communities, state administrative authorities involved and civic initiatives, the public discussion may be ensured by the appropriate authority separately in the territorial districts determined by this appropriate authority.
3. Experts and persons, who can provide important information concerning the discussed matter, may be invited to participate in the public discussion.
4. The Ministry shall establish the manner and procedure of the public discussion in a public notice.
5. Participants listed in clause 1 shall receive a protocol on the result of the public discussion.

Hungarian Constitution - Right to healthy environment, right to highest degree of physical and spiritual health

Article 70/D

1. Persons living within the territory of the Republic of Hungary shall have the right to physical and mental health care of the highest possible standard.
2. The Republic of Hungary shall realize that right by organizing labour safety, health institutions and medical care, by ensuring opportunities for physical training, as well as by protecting the artificial and natural environment.

Hungarian Environmental Protection Act - "citizen suit" provision

1. In the event of a threat to the environment, environmental pollution, or environmental damage, organizations shall be entitled to act in order to protect the environment and
   1. request government agencies or local governments to take the appropriate measures that fall within the scope of their authority, or
   2. file a suit against the person or organization that is using the environment.
2. In lawsuits that are pursuant to clause (b) of paragraph (1) organizations shall be entitled to ask the court
   1. to prohibit the person endangering the environment from pursuing the unlawful conduct (operation), or
   2. to compel the person endangering the environment to take the necessary measures to prevent the damage.

Lithuanian Law on the Seimas Ombudsmen

The Seimas Ombudsmen shall investigate citizens' complaints concerning abuse of official position or bureaucracy of state and local government officials.
The Ombudsmen shall investigate citizens' complaints concerning abuse of official position or bureaucracy of the following officials: employees of the institutions of State government and administration, employees of local government Councils and their departments, or the authorized persons whose duties embrace the performance of organizational, managerial, or administrative functions.
The jurisdiction of the Ombudsmen shall not encompass investigation of the activities of the President of the Republic, the members of the Seimas, the judges of the Constitutional Court, the Supreme Court and other courts, the procedural actions of prosecutors, investigators or interrogators, the activities of the Prime Minister, the State Controller and the Government (as a collective institution), or local government Councils and their Boards (as collective institutions).

Article 12

Abuse of an official position shall be the actions or lack of action of an official whereby the official position is used not in the interests of the office, or is used contrary to laws or other legal acts, or in pursuit of mercenary ends (unlawful appropriation or conveyance to other persons of property, finances, etc. which do not belong to him/her, etc.), or in pursuit of other personal goals (revenge, jealousy, career advance or provision of illegal services, etc.), as well as the actions of the official whereby he exceeds his powers, or his/her arbitrary actions.

Article 13

Bureaucracy shall be the actions of officials when, rather than settling matters in essence, they systematically maintain unnecessary or made-up formalities, groundlessly refuse to settle issues which are within their jurisdiction, or delay adopting decisions or fulfilling their duties. The style of work of officials characterized by failure to perform the duties established by laws or other legal acts as well as unsatisfactory performance of such duties shall also be considered bureaucracy.

Article 14

Every citizen shall have the right to file complaints with the Ombudsman concerning abuse of official position or bureaucracy of officials of state or local government institutions which are assigned to the Ombudsman's competence.
The Ombudsmen shall also investigate citizens' complaints referred to them by Seimas members, provided that the complaints correspond to the requirements set forth in this Law.

Article 20

The Ombudsman shall have the right to enlist the services of police officers if he/she or his/her assistants are hindered from entering civil or military institutions which are investigated by them, or if they are refused access to required documents or material. In said cases, police officers must seize the documents and material requested by the Ombudsman.

Article 23

Upon completing an investigation, the Ombudsman shall adopt one of the following decisions:

1. to refer the material to investigative bodies if elements of crime are found;
2. to bring a court action recommending that the court dismiss from office officials guilty of abuse of official position or bureaucracy, with the exception of officers who are appointed by the President or who are appointed or elected by the Seimas, and to suggest that moral and material damage which the person suffered by reason of the violations committed by officials be compensated;
3. to recommend that the departmental collective institution or head of the institution wherein the investigation was conducted or a superior institution impose disciplinary penalties on the officials guilty of violation;
4. to bring the fact of negligence in work, non-compliance with laws, or violation of professional ethics or bureaucracy to the attention of the officials concerned;
5. to reject the complaint if the violations specified therein are not confirmed; or
6. to notify the Seimas of the Republic of Lithuania or President of the Republic of the violations committed by Ministers or other officials accountable to the Seimas or the President (with the exception of officials enumerated in Par. 3 of Article 1).

Poland - The Environmental Protection Act of 31 January 1980 (Dziennik Ustaw no 3/1980 item 6, as amended).

1. Agencies of villages or municipal districts, workers self-management, trade unions, and other civic organizations interested in environmental protection because of the subject matter of their activity, may undertake activities aiming to protect the environment and seeking to implement the citizen's right to the environment, in particular:

4. filing proposals aiming to protect the environment in the course of development and operation of investment projects
5. co-operating with state-owned enterprises in preparing and implementing programs and plans for improving the environment
6. increasing the public influence on the environmental performance of companies;.....

Article 100

1. Organizations referred to: in Article 99 section 1 may petition appropriate state administration bodies to apply measures to secure the environment; as well as to file a lawsuit to the court to cease activities harming to the environment in a given area and claiming restoration or compensation and limitation or cessation of the harmful activity.
2. The state administration body responsible for granting planning permission, before issuing permission concerning development project likely to have significant environmental impact, shall inform the appropriate civic organizations about the project; within the specified time not: exceeding 30 days, these organizations may present their remarks and objections.
3. The appropriate state administration body shall consider the remarks and objections and inform the civic organizations whether and to what extent their submissions were accepted".

Slovakian Environmental Impact Assessment Law

1. The affected municipality informs the public about the impact statement (Art. 16 par. 1) or final summary (Art. 16 par. 2) within one week since delivery and at the same time displays the final summary in an appropriate place for one months period at an appropriate place and will inform when and where it is possible to look into the statement, take notes and copy it on their own expenses.
2. The affected municipality will arrange the public meeting on impact statement in a co-operation with the proponent within the period of statement display according to par. 1.
3. The affected municipality will inform the public about the date of meeting and will invite the Ministry, competent authority, permission authority and the affected authority.
4. The affected municipality in co-operation with the proponent will make a record from public meeting and will deliver it to the Ministry within two weeks of the date of public meeting.
5. The affected municipalities may arrange the joint public meeting.

Slovenia Environmental Protection Act, EIA Provisions

VI Activities and Rehabilitation, 1) Assessment of Environmental Impact

1. To realize the principle of prevention and to assess the compatibility of an envisaged Activity with environmental characteristics of the location, an environmental impact assessment shall be carried out to determine the acceptability of the intended Activity with respect to its long- and short-term, direct and indirect effects on the environment from the viewpoint of a minimum change in the natural conditions of the environment and the maximum specified environmental protection levels possible.
2. An assessment of environmental impact shall be carried out for those intended Activities which are subject to approval and which could significantly affect the environment. These Activities include:
   1. the exploitation and use of soil, water, forests, minerals and other natural resources;
   2. the construction, modification, operation, or removal of facilities and equipment;
   3. technological and other changes relating to the extraction, production, storage, transport, and use of raw materials, semi-processed goods, finished products, and energy;
   4. the introduction for the purpose of using or marketing of new products; and
   5. the trial introduction of new products and technologies.
3. The assessment of environmental impact shall be based on environmental impact report which shall be an integral part of the application for obtaining the license for an Activity.

Article 56 Content of an Environmental Impact Report.

1. An environmental impact report shall include:
   1. a description of the existing state of the environment which could be affected by a project, including the measurement of existing environmental strain (the zero state of the environment);
   2. a description of the characteristics of the project and evidence of its conformity with technical and other regulations;
   3. a description and assessment of the anticipated effects of a project on the environment, including a description of optimization methods of evaluation;
   4. a description and assessment of environmental protection measures, of the selected technologies and materials, including grounds for such selection with respect to alternative options, test and other certificates;
   5. a description and assessment of environmental strains on and changes in the state of the environment which are the result of the impact of the project, including an assessment of the potential total and integral environmental strain;
   6. a description of the location and a list of all parties involved in cases when special measures and stipulated restitution are prescribed for the danger to or depreciation of the environment, including an assessment of their suitability;
   7. warnings regarding the comprehensiveness of the project and the report, and problems connected with their preparation; and
   8. a summary of the environmental impact report containing a final judgement comprehensible to the general public.
2. The environmental impact report must include all the necessary technical and graphical components in a form suitable for public presentation, except in cases when these components form an integral part of the design.
3. The environmental impact report may only be prepared by an authorized legal or physical person.
4. The categories of environmental strain which must be assessed, the categories and scope of assessment, the methodology for the preparation of an environmental impact report, and conditions and procedure for obtaining the authorization under the preceding paragraph shall be prescribed by the Minister after consultations with the Ministers referred to in paragraph 3 of Article 54 hereof.

Article 57 Mandatory and Other Environmental Impact Assessments.

1. According to the size and nature of an Activity and the environmental characteristics of the location, the Government shall prescribe:
   1. categories of Activities for which an environmental impact assessment is always mandatory;
   2. other categories of Activities and the conditions and criteria which, if fulfilled, require a mandatory environmental impact assessment, and
   3. categories of Activities for which an environmental impact assessment requires only a report containing particular analyses of specific nature or partial accounts.
2. At the suggestion of the Ministries or the parties specified in subparagraphs 2, 3, and 5 of paragraph 1 of Article 4 hereof, the Ministry may decide in individual cases of intended Activities not covered by subparagraphs 2 and 3 of the preceding paragraph that an environmental impact assessment be prepared or that the scope of an environmental impact report be increased.

Article 58 Preliminary Licensing Procedure.

1. When the law prescribes a preliminary procedure for setting the conditions for granting a license for an Activity, the competent Ministry or its competent body shall also prescribe as obligatory the assessment of environmental impact and shall specify the scope of the environmental impact report for the cases referred to in the preceding Article.
2. In case of any doubt arising in connection with the implementation of the provisions contained in Article 57 hereof or in case of a motion proposed on the basis of paragraph 2 of the said Article, the Ministry or the body referred to in the preceding paragraph shall ask the Minister for his opinion or decision.
3. If the procedure referred to in paragraph 1 of this Article is not prescribed, the operator of the intended Activity may ask the Ministry to specify the environmental protection conditions and the scope of the environmental impact report in accordance with the provisions contained in Article 56 hereof.
4. For the purposes of the procedure referred to in paragraphs 1 and 3 of this Article, a request for specifying environmental protection conditions must include information about the type, size, and nature of the intended Activity and about the environmental characteristics of the location.

Article 59 Environmental Consent.

1. When the licensing procedure for an Activity also involves an assessment of environmental impacts in accordance with Article 57 hereof, the body competent for decisions must draw up a draft decision, ensure public announcements in accordance with paragraph 2 of Article 60 hereof, and submit the draft together with the design and other documentation to the Ministry for approval.
2. The Ministry must grant or deny the consent (hereinafter "environmental consent") by a confirmation of the decision or by a special enactment not later than 30 days of day when the competent body referred to in the preceding paragraph has sent to it, after carrying out a public discussion, the draft decision.
3. If the Ministry denies an environmental consent, it shall give reasons for considering the proposed Activity unacceptable or demand that the project be amended or modified.
4. If no special consent is necessary in cases of activities in the domains of the protection of health of humans, animals, and plants, safety at work, other forms of protection against danger, and the protection of natural resources prior to issuing a license for an Activity, the competent Ministries shall, at the request of the Minister, submit to the latter their opinions within 20 days of making such a request, before an environmental consent is issued.
5. A license for an Activity issued contrary to the provisions contained in paragraph 2 of this Article shall be null and void.

Article 60 Participation of the Public.

1. The body referred to in paragraph 1 of the preceding Article, which is responsible for making decisions, shall ensure public presentation of the draft decision and the report referred to in Article 56 hereof, or of the entire project, if the report does not contain all the relevant information referred to in paragraph 2 of the said Article, and shall ensure its public discussion and a public hearing of the operator of the Activity.
2. The public, announcement including the list of concerned parties, the places and the times of the presentation, the public discussion, and the hearing referred to in the preceding paragraph shall be published in public media and announced in the usual local manner. The public announcement shall also contain a summary of the environmental impact report with final judgement and the method of contribution of opinions and comments by the public. The duration of public presentation shall not be less than 15 days.
3. Irrespective of the provisions of the preceding paragraphs, public presentation, discussion, and hearing are not necessary in a renewed decision-making procedure which results from an adjustment to opinions and comments given during the initial public presentation.
4. The body referred to in paragraph 1 of this Article shall announce its decision, including environmental consent, in public media within eight days of issuing the consent. The decision shall include a statement that the opinions and comments made during the public presentation, discussion, and hearing have been considered.
5. The costs of public presentation, discussion, and hearing shall be borne by the operator of the intended Activity.

Article 61 Assessment of Fulfillment of Environmental Protection Conditions.

1. When a technical inspection, trial operation, or any other preliminary process is prescribed for issuing an operating or other license for an Activity for which an environmental consent has been issued, the Ministry must be included in its execution in order to establish the conformity of the executed Activity with the components of the project that have subject to an environmental impact assessment.
2. In cases when a trial run is prescribed, the conformity referred to in the preceding paragraph shall be ascertained on the basis of operation monitoring specified in the project.
3. A license referred to in paragraph 1 of this Article, which is issued contrary to the provisions contained in this Article, shall be null and void.

Article 62 Changed Conditions.

1. If upon the issuing of an environmental consent but prior to the issuing of the license referred to in the preceding Article the environmental conditions specified by law or a regulation issued on its basis and serving as the basis for the consent will change significantly, the Ministry may require from the operator of an Activity to amend the project and the report and, on this basis and with his consent, that the decision allowing the Activity be changed.
2. Before any change of the scope or type of operation specified in an operating license, which would cause a change in environmental impacts, the operator shall obtain an operating license which shall be modified in the light of the changed environmental protection conditions.
3. In the procedure of changing the decision referred to in paragraph 1 of this Article, the provisions of Article 60 hereof shall not be applied.

Article 63 Notification of Neighboring Countries.

1. When an intended Activity could directly influence the environment of neighboring countries, and with the condition of reciprocity fulfilled, the Ministry shall through the Ministry of Foreign Affairs, inform such countries about the intended Activity and send them the project of the intended activity and the environmental impact report.

EC Directive on Freedom of Access to Information on the Environment, 90/313/EEC

The object of this Directive is to ensure freedom of access to, and dissemination of, information on the environment held by public authorities and to set out the basic terms and conditions on which such information should be made available.

Article 3

1. Save as provided in this Article, Member States shall ensure that public authorities are required to make available information relating to the environment to any natural or legal person at his request and without his having to prove an interest.

Member States shall define the practical arrangements under which such information is effectively made available.

4. A public authority shall respond to a person requesting information as soon as possible and at the latest within two months. The reasons for a refusal to provide the information requested must be given.

Article 4

A person who considers that his/her request for information has been unreasonably refused or ignored, or has been inadequately answered by a public authority, may seek a judicial or administrative review of the decision in accordance with the relevant national legal system.

Convention on Environmental Impact Assessment in a Transboundary Context (ESPOO)

The Party of origin shall provide, in accordance with the provisions of this Convention, an opportunity to the public in the areas likely to be affected 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.

Rio Declaration on Environment and Development, Principle 10

United States - Freedom of Information Act, USC Article 5, Section 552

1. Each agency shall separately state and currently publish in the Federal Register for the guidance of the public -
   1. descriptions of its central and field organisation and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;
   2. statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;
   3. rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
   4. substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and
   5. each amendment, revision, or repeal of the foregoing.
2. Each agency, in accordance with published rules, shall make available for public inspection and copying -
   1. final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;
   2. those statements of policy and interpretations which have been adopted by the agency and are not published in the Federal Register; and
   3. administrative staff manuals and instructions to staff that affect a member of the public;
   unless the materials are promptly published and copies offered for sale. To the extent required to prevent a clearly unwarranted invasion of personal privacy, an agency may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, or staff manual or instruction. However, in each case the justification for the deletion shall be explained fully in writing...

4. 2. On complaint, the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, has jurisdiction to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant. In such a case the court shall determine the matter de novo, and may examine the contents of such agency records in camera to determine whether such records or any part thereof shall be withheld under any of the exemptions set forth in subsection (b) of this section, and the burden is on the agency to sustain its action.
   3. Notwithstanding any other provision of law, the defendant shall serve an answer or otherwise plead to any complaint made under this subsection within thirty days after service upon the defendant of the pleading in which such a complaint is made, unless the court otherwise directs for good cause shown.
   4. Except as to cases the court considers of greater importance, proceedings before the district court, as authorized by this subsection, and appeals therefrom, take precedence in the docket over all cases and shall be assigned for hearing and trial or for argument at the earliest practicable date and expedited in every way.
   5. The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed.
   6. Whenever the court orders the production of any agency records improperly withheld from the complainant and assesses against the United States reasonable attorney fees and other litigation costs, and the court additionally issues a written finding that the circumstances surrounding the withholding raise questions whether agency personnel acted arbitrarily or capriciously with respect to the withholding, the Civil Service Commission shall promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding. The Commission, after investigation and consideration of the evidence submitted, shall submit its finding and recommendation to the administrative authority of the agency concerned and shall send copies of the findings and recommendations to the officer or employee or his representative. The administrative authority shall take the corrective action that the Commission recommends.
   7. In the event of non-compliance with the order of the court, the district court may punish for contempt the responsible employee, and in the case of a uniformed service, the responsible member.
5. Each agency having more than one member shall maintain and make available for public inspection a record of the final votes of each member in every agency proceeding.
6. 1. Each agency, upon any request for records made under paragraph (1), (2), or (3) of this subsection, shall - (i) determine within ten days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of any such request whether to comply with such request and shall immediately notify the person making such request of such determination and the reasons therefor, and of the right of such person to appeal to the head of the agency any adverse determination; and (ii) make determination with respect to any appeal within twenty days (excepting Saturdays, Sundays, and legal public holidays) after the receipt of such appeal. If on appeal the denial of the request for records is in whole or part upheld, the agency shall notify the person making such request of the provisions for judicial review of the determination under paragraph (4) of this subsection.
   3. 2. This section does not apply to matters that are -
         1. (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defence or foreign policy and (B) are in fact properly classified pursuant to such Executive order; [etc.]