The Amendment To The Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters

Original Language Title: Par grozījumu Konvencijā par pieeju informācijai, sabiedrības dalību lēmumu pieņemšanā un iespēju griezties tiesu iestādēs saistībā ar vides jautājumiem

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The Saeima has adopted and the President promulgated the following laws: on the amendment to the Convention on access to information, public participation in decision-making and access to justice in environmental matters article 1. 27 May 2005, an amendment to the 1998 Aarhus Convention on 25 June on access to information, public participation in decision-making and access to justice in environmental matters (hereinafter referred to as the amendment) with this law is adopted and approved. 2. article. The amendment provided for in the commitments provide the Ministry of agriculture. 3. article. The amendment shall enter into force the Convention on access to information, public participation in decision-making and access to justice in environmental matters set out in article 14 and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The law shall enter into force on the day following its promulgation. With the law put an amendment in English, and its translation into Latvian language. The Parliament adopted the law of 14 February 2008. President Valdis Zatlers in Riga of March 5, 2008. the amendment to the convention on access to information, public participation in decision-making and access to justice in environmental matters article 6, paragraph 11, For the existing text substitute 11. Without prejudice to article 3, paragraph 5, the provision of this article shall not apply to decisions on the permit the whethers deliberate release into the environment and placing on the market of genetically modified organisms. Article 6 bis After article 6, insert a new article reading article 6 bis PUBLIC PARTICIPATION IN DECISIONS ON the deliberate release into the environment AND PLACING ON the market OF GENETICALLY MODIFIED ORGANISM 1. In accordanc with the modalit to let down in annex I bis, each Party shall provide for early and effective information and public participation prior to making a decision on the permit whethers the deliberate release into the environment and placing on the market of genetically modified organisms. 2. The requirements made by parties in accordanc with the provision of paragraph 1 of this article should be complementary and mutually supportive to the provision of their national biosafety framework, consistent with the objective of the Cartagena Protocol on Biosafety. Annexe I Annexe I bis After, insert a new Annex I bis to annex reading MODALIT REFERRED TO IN article 6 BIS Each Party shall lay down 1, in its regulatory framework, arrangements for effective information and public participation for decisions subject to the provision of article 6 bis, which shall include a reasonable time frame, in order to give the public an opportunity to express an adequat opinion on such proposed decisions. 2. In its regulatory framework, a Party may, if appropriate, provide for an exception to the public participation procedure let down in this annex: (a) In the case of the deliberate release of a genetically modified organism (GMO) into the environment for any purpose other than its placing on the market, if: (i) Such a release under comparabl bio-location conditions has already been approved within the regulatory framework of the Party concerned; and (ii) Sufficient experience has previously been gained with the release of the GMO in question in a comparabl ecosystems (b) In the case of the placing of a GMO on the market, if: (i) It was already 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 in accordanc with the provision of article 4, each Party shall make available to the public in an adequat, timely and effective manner a summary of the notification introduced to obtain an authorization 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 where available and in accordanc with its national biosafety framework. 4. the Parties shall in the case of consider the following information as confidential: (a) A general description of the genetically modified organism or organisms concerned, the name and address of the applicant for the authorization of the deliberate release, the intended use and, if the ingredients of the priat, the location of the release and (b) the methods and plans for monitoring the genetically modified organism or organisms concerned and for emergency response (c) the environmental risk assessment. 5. Each Party shall ensur a transport decision-making procedure of rency of and provide access to the relevant procedural information to the public. This information could include for example: (i) the nature of possible decisions (ii) the public authority responsible for making the decision; (iii) Public participation arrangements laid down pursuan to paragraph 1 (iv) An indication of the author to be published by ty from which relevant information can be obtained (v) An indication of the public authority to which comments can be submitted and of the time schedule for the transmittal of comments. 6. The provision made to paragraph 1 shall allow pursuan the public to submit any comments, information, analyses or opinions that it consider relevant to the proposed deliberate release, including placing on the market, in any appropriate manner. 7. Each Party shall endeavour to ensur that, when taken with the decision on the permit whethers the deliberate release of a GMO into the environment, including placing on the market, due account is taken of the outcome of the public participation procedure organized pursuan to paragraph 1 8. Parties shall provide that when a decision subject to the provision of this annex has been taken by a public authority , the text of the decision is made publicly available along with the reasons and considerations upon which it is based.

Amendment of 25 June 1998, the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters

Article 6, paragraph 11, replace the existing text with the following: "11. Without prejudice to article 3, paragraph 5, the provisions of this article shall not apply to decisions on whether to allow genetically modified organisms deliberate release into the environment and placing on the market." 6. Article 6 of the ' behind the new article is inserted as follows: ' 6. ' article public participation in decision-making on the deliberate release into the environment of genetically modified organisms and their placing on the market in accordance with 1. the procedure laid down in annex I for each of the parties before decisions are taken, ensure early and effective information and public participation in decision-making on whether to allow genetically modified organisms deliberate release into the environment and placing on the market. 2. in accordance with paragraph 1 of this article, the provisions of the parties ' requirements to complement and support the national biosafety framework, consistent with the Cartagena Protocol on Biosafety aims. " Annex I ' shall be inserted after annex I a new attachment as follows: "Annex I ' procedure referred to in article 6 ' 1. each of the parties in its regulatory framework, arrangements for effective measures for the dissemination of information and public participation in the adoption of decisions, subject to the provisions of article 6. ' and that includes reasonable time limits, to give the public an adequate opportunity to express an opinion on such proposed decisions. 2. the party in its regulatory framework, arrangements may provide for derogations from the public participation procedure laid down in this Annex: (a)) genetically modified organisms (GMOs) in the event of deliberate release 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 accepted in accordance with the regulatory framework of the party concerned, and (ii) above) sufficient experience has been obtained of the GMO in question in comparable ecosystems; (b) the placing on the market of GMOs) where: (i)) it is already accepted in accordance with the regulatory framework of the party concerned, or (ii)) it is intended for research or for culture collections. 3. Without prejudice to the existing law on confidentiality in accordance with the provisions of article 4, each Party shall be adequate, timely and effective doing it available to the public a summary of the application submitted to obtain the deliberate release of GMOs into the environment or placed on the market in its territory, as well as the assessment report, if available, in accordance with its national biosafety framework. 4. the parties may under no circumstances be considered as confidential: (a)) where the genetically modified organism or organisms in the General description of the applicant's name or the name and address of the applicant for the authorization of the deliberate release, the intended use and, where appropriate, distribution; (b)) the genetically modified organism or organisms and the emergency prevention methods and measures; (c) the environmental risk assessment). 5. Each Party shall ensure transparency in the decision-making process and provide public access to the relevant procedural information. This information includes, for example: (i) the nature of possible decisions); II) public authority responsible for making the decision; III) public participation in measures provided for under paragraph 1; IV) an indication of the public authority from which relevant information can be obtained; v) an indication of the public authority to which comments can be submitted, and this comment posting schedule. 6. rules drawn up in accordance with paragraph 1, allows the public to submit in any manner any comments, information, analyses or opinions that it considers relevant to the proposed deliberate release, including placing on the market. 7. Making decisions on whether to allow the deliberate release into the environment of GMOs, including placing on the market, each Party shall endeavour to ensure are properly taken into account, in accordance with paragraph 1 of organized, public participation procedures. 8. Parties shall provide that when a public authority has decided, subject to the provisions of this annex, the text of the decision is publicly available along with the reasons and considerations on which it is based. "