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19 FEBRUARY 2009. - An Act to approve the Amendment to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, adopted in Almaty on 27 May 2005 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Amendment to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, adopted in Almaty on 27 May 2005, will emerge from its full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 19 February 2009.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of Public Health,
Ms. L. ONKELINX
Minister of Climate,
P. MAGNETTE
Seen and sealed the state seal:
Minister of Justice,
S. DE CLERCK
Note
(1) Session 2007-2008.
Senate:
Parliamentary documents. - Bill tabled on 20 August 2008, No. 4-899/1.
Session 2008-2009.
Senate:
Parliamentary documents. - Report, number 4-899/2.
Annales parliamentarians. - Discussion, meeting of 6 November 2008. Vote, meeting of 6 November 2008.
House of Representatives:
Parliamentary documents. - Project transmitted by the Senate, No. 52-1573/1. - Text adopted in plenary and subject to Royal Assent, No. 52-1573/2.
Annales parliamentarians. - Discussion, meeting of November 27, 2008. Vote, meeting of 27 November 2008.
(2) See decree of the Flemish Community/Flemish Region of 19 December 2008 (Belgian Monitor of 2 February 2009), decree of the Walloon Region of 20 November 2008 (Belgian Monitor of 5 December 2008 - Ed. 3), Order of the Brussels-Capital Region of 30 April 2009 (Belgian Monitor of 14 May 2009).

Amendment to the Convention
Article 6, paragraph 11
Substitute the current text:
11. Without prejudice to the provisions of paragraph 5 of Article 3, the provisions of this Article shall not apply to decisions authorizing or not the voluntary release into the environment and marketing of genetically modified organisms.
Article 6bis
After Article 6, insert a new article as follows:
Article 6bis
Public participation in decisions on voluntary environmental release and marketing of genetically modified organisms
1. As defined in Appendix 1^rebis, each Party shall ensure early and effective public information and participation before making decisions that authorize or not the voluntary release into the environment and the marketing of genetically modified organisms.
2. The requirements established by the Parties in accordance with paragraph 1^er this Article should be complementary and apply in synergy with the provisions of the National Biosafety Framework, in line with the objectives of the Cartagena Protocol on Biosafety.
Annex I^rebis
After Appendix I^reinsert a new annex as follows:
Annex I^rebis
Terms and conditions under Article 6bis
1. Each Party shall establish, within its regulatory framework, arrangements for effective information and public participation for decisions under Article 6bis, including a reasonable period of time, in order to give the public sufficient opportunity to express an opinion on the decisions envisaged.
2. In its regulatory framework, a Party may, where appropriate, provide for exceptions to the public participation procedure prescribed in this annex:
(a) In the case of the voluntary release of a genetically modified organism (GMO) in the environment for any other purpose than its marketing, if:
(i) Such dissemination under comparable biogeographic conditions has already been approved within the regulatory framework of the Party concerned; and
(ii) A sufficient experience has previously been gained in the dissemination of the GMO in comparable ecosystems;
(b) If:
(i) It has already been approved in the regulatory framework of the Party concerned; or
(ii) It is intended for research or collections of cultures.
3. Without prejudice to the confidentiality legislation, and in accordance with the provisions of Article 4, each Party shall make available to the public, as appropriate, in an efficient and timely manner, a summary of the notification to obtain authorization for voluntary release in the environment or for the marketing of a GMO in its territory, as well as the assessment report, where it is available, in accordance with its national biotechnology risk framework.
4. Parties do not consider the following information as confidential:
(a) The general description of the organism or genetically modified organism(s), the name and address of the applicant for the voluntary release authorization, the intended uses and, where appropriate, the place of release;
(b) Methods and plans for monitoring the organism or genetically modified organisms and the methods and plans for emergency response;
(c) Environmental risk assessment.
5. Each Party shall ensure transparency of decision-making procedures and ensure public access to relevant procedural information. This information may include:
(i) The nature of decisions that could be adopted;
(ii) The public authority responsible for making the decision;
(iii) Public participation arrangements pursuant to paragraph 1^er;
(iv) The public authority to which it is possible to seek relevant information;
(v) The public authority to which comments may be addressed and the deadline for the submission of comments.
6. The provisions adopted pursuant to paragraph 1^er provide for the possibility for the public to submit, in any appropriate form, any comments, information, analysis or opinions that it considers relevant to the proposed voluntary release, including the marketing.
7. Each Party shall endeavour to ensure that, where it is decided to authorize or not the voluntary release of GMOs into the environment, including their marketing, the results of the public participation procedure organized under paragraph 1^er are duly taken into account.
8. Parties shall ensure that, where a decision submitted to the provisions of this annex has been made by a public authority, the text is made public, and the reasons and considerations on which it is based.

Amendment to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, adopted in Almaty on 27 May 2005

This Amendment has not yet entered into force.