Law Approving The Amendment To The Convention On Access To Information, Participation Of The Public In The Decision-Making Process And Access To Justice In Environmental Matters, Adopted In Almaty On May 27, 2005 (1) (2)

Original Language Title: Loi portant assentiment à l'Amendement à la Convention sur l'accès à l'information, la participation du public au processus décisionnel et l'accès à la justice en matière d'environnement, adopté à Almaty le 27 mai 2005 (1) (2)

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Posted the: 2009-07-31 Numac: 2009015042 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and 19 February 2009 development COOPERATION. -Law concerning consent to the amendment to the Convention on access to information, the participation of the public in the decision-making process and access to justice in environmental matters, adopted in Almaty on May 27, 2005 (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S.
2. the amendment to the Convention on access to information, the participation of the public in the decision-making process and access to justice in environmental matters, adopted in Almaty on 27 May 2005, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, February 19, 2009.
ALBERT by the King: the Minister of Foreign Affairs, K. DE GUCHT the Minister of public health, Ms. L. ONKELINX the Minister of climate, P. MAGNETTE seen and sealed with the seal of the State: the Minister of Justice, S. DE CLERCK Note (1) Session 2007 - 2008.
Senate: Parliamentary Documents. -Bill tabled on August 20, 2008, no. 4 - 899/1.
Session 2008-2009.
Senate: Parliamentary Documents.
-Report, n ° 4-899/2.
Parliamentary Annals. -Discussion, meeting of November 6, 2008. Vote, meeting of November 6, 2008.
House of representatives: parliamentary Documents. -Draft transmitted by the Senate, no. 52-1573/1. -Text adopted in plenary and subject to Royal assent, session No. 52-1573/2.
Parliamentary Annals. -Discussion, meeting of November 27, 2008. Vote, meeting of November 27, 2008.
(2) see Decree of the Flemish community / the Flemish Region of December 19, 2008 (Moniteur belge of 2 February 2009), Decree of the Walloon Region from November 20, 2008 (Moniteur belge of 5 December 2008 - ed. 3), order of the Region of Brussels - capital of April 30, 2009 (Moniteur belge of 14 May 2009).

Amendment to the convention Article 6, paragraph 11 the current text substitute: 11. Without prejudice to the provisions of paragraph 5 of article 3, the provisions of this article shall not apply to decisions whether to permit the deliberate release into the environment and placing on the market of genetically modified organisms.
Article 6bis after article 6, insert a new article as follows: Article 6bis public Participation in decisions on the deliberate release into the environment and placing on the market of genetically modified organisms 1.
In accordance with the rules laid down in annex 1rebis, each Party shall ensure information and participation of the public early and effective before decisions authorizing or not the deliberate release into the environment and placing on the market of genetically modified organisms.
2. the requirements established by the Parties in accordance with the provisions of paragraph 1 of this article should be complementary and apply in synergy with the provisions of the national framework for the prevention of biotechnological risks, consistent with the objectives of the Cartagena Protocol on the prevention of biotechnological risks.
Annex Irebis after annex Ire, insert a new annex which reads as follows: annex Irebis arrangements referred to in article 6bis 1.
Each Party shall establish, in its regulatory framework, arrangements for information and public participation for decisions subject to the provisions of article 6bis, including a reasonable time, in order to provide the public with sufficient opportunities to express an opinion on the envisaged decisions.
2. in its regulatory framework, a party may, if applicable, provide for exceptions to the prescribed public participation procedure in the present annex: a) in the case of the deliberate release of a genetically modified organism (GMOs) into the environment for any purpose other than its placing on the market, if: i) such a release under comparable bio-geographical conditions has already been approved within the regulatory framework of the party concerned;
and (ii) sufficient experience has previously been gained in release of the GMO in question in comparable ecosystems;
(b) in the case of the placing on the market of a GMO, if: i) it has already been approved within the regulatory framework of the party concerned;
or (ii) it is intended for research or for culture collections.
3. without prejudice to the applicable legislation on confidentiality, and in accordance with the provisions of article 4, each Party shall make available to the public as appropriate, efficiently and in a timely manner, a summary of the notification to obtain authorisation for the deliberate release into the environment or the placing on the market of a GMO on its territory , as well as the assessment report, when available, in accordance with its framework national relating to the prevention of biotechnological risks.
(4. the Parties shall consider any information below as confidential: a) General description of the organism or organisms genetically modified (s) (s), the name and address of the applicant for the authorization of deliberate release, the intended uses and, where appropriate, the location of the release;
(b) the methods and plans for monitoring the organisms genetically modified (s) or organization (s) concerned and the methods and plans for emergency response.
(c) the assessment of the risks to the environment).
5. each Party shall ensure transparency of decision-making procedures and provides access to the relevant procedural information to the public. This information may include for example: i) the nature of the decisions that might be adopted.
II) the public authority responsible for making the decision;
(iii) the arrangements for participation of the public in application of paragraph 1;
IV) the public authority to which it is possible to apply for relevant information;
(v) the public authority to which comments can be addressed and the time limit for the submission of comments.
6. the provisions adopted pursuant to paragraph 1 provide for the possibility for the public to submit, in any appropriate form, all comments, information, analyses or opinions that it considers relevant to the proposed deliberate release, including placing on the market.
7. each Party shall endeavour to ensure that, when it is decided whether to permit the deliberate release of GMOs into the environment, including their placing on the market, the results of the public participation procedure organized pursuant to paragraph 1 are duly taken into account.
8. the Parties shall ensure that, where a decision subject to the provisions of this annex has been taken by a public authority, the text in is made public, as well as the reasons and considerations on which it is based.

Amendment to the Convention on access to information, the participation of the public in the decision-making process and access to justice in environmental matters, adopted in Almaty on 27 May 2005 States/OrganisationDate authentificationType of consentementDate of Consentemententree into force local Austria 2008-05-Ratification21 Bulgaria Ratification30/04/2007 Belgium 2009-06-Ratification17 Community European 2008-02-Approbation01 Denmark Approbation18/10/2006 Spain 2008-02-Acceptation21 Estonia 2008-02-Ratification01 Finland Acceptation10/06/2008 Hungary 2008-05-Ratification16 Italy Ratification17/12. 2008 Latvia 2008-06-Approbation03 Lithuania Ratification30/08/2007 LUXEMBOURG 2007-01-Ratification04 Moldova Acceptation07/12/2007 Norway 2008-05-Approbation02 Netherlands 2009-02-Acceptation23 Poland 2009-03-Ratification23 Romania 2008-08-Ratification29 UK Ratification01/05/2009 Slovakia 2008-04-Ratification01 Sweden 2008-02-Ratification15 Czech REP.
 
 2008-01-Acceptation29 this amendment has not yet entered into force.