Aarhus Convention

The Aarhus Convention is signed on 25 June 1998 in the Danish city of Aarhus and entered into force on 30 October 2001 Convention of the Economic Commission for Europe ( UNECE) Convention on Access to Information, Public Participation in Decision -making and Access to Justice in environmental matters. 44 States have so far ratified the Convention.

The Convention is the first international treaty, the attributes of each person in Environmental Protection.

  • 4.1 Kiev Protocol
  • 4.2 GMO amendment

Components

The Aarhus Convention is made up of content from the three "pillars " of:

  • The freest possible access to environmental information (Article 4 ),
  • Public participation in decision-making (Art. 6-8 ) and
  • The Access to Justice in Environmental Matters (Article 9).

Access to information

The Article 4 of the Aarhus Convention is the legal basis for the make available, on request of information by competent authorities. This refers to the state of elements of the environment such as air and atmosphere, water, soil, land, landscape and natural sites, biological diversity and its components, including genetically modified organisms, and the interaction among these elements.

Public Participation

One public participation required by the Aarhus Convention, notably the authorization of certain projects with significant environmental impacts (in particular industrial plants and infrastructure measures).

Access to justice in environmental matters

The Aarhus Convention, regulated in Article 9, each person writes a review and appeal rights in the event of denial of access to information, in order to make decisions that are subject to public participation, as well as generally for breaches of environmental legislation to.

Membership

Until November 2, 2009, 44 countries have ratified the Aarhus Convention. 23 of which also acceded to bind the Kiev Protocol and 25 States have the complement to genetically modified organisms (GMO amendment) signed.

Implementation of the requirements

The provisions of the Aarhus Convention have to be transposed into the law of the Parties. The European Community, which is itself a Party to the Aarhus Convention, adopted the so-called right Protection Products Directive 2003/35/EC on the implementation of Article 9 of the Convention. The Directive requires in turn the Member States of the Community to open environmental organizations access to court proceedings. The Federal Republic of Germany has implemented these requirements through the Umweltrechtsbehelfsgesetz into German law. Whether this implementation actually meets the requirements of the Aarhus Convention and Directive 2003/35/EC, is controversial. The prevailing opinion in German legal science denies this. The Umweltrechtsbehelfsgesetz link the locus standi of environmental organizations illegally with the individual standing cabinets and they thus largely a. For a preliminary ruling from the European Court Münster Higher Administrative Court is pending on this issue.

Supplements

Kiev Protocol

The Kiev Protocol on Pollutant Release and Transfer Registers (Kiev Protocol on Pollutant Release and Transfer Register, PRTR ) is an international Pollutant Emission Register. It was decided on 21 May 2003 and provides for the release of environmental information by companies.

GMO amendment

At the second Conference of the Parties on 27 May 2005 an extension of the Convention on public participation in the planned release of genetically modified organisms ( GMOs) has been decided. The GMO Amendment will enter into force 90 days after ratification by three-fourths of the States Parties.

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