Aarhus Convention in South and Eastern Europe: Successes, Failures, Lessons Learned

1. Successes, Failures and Lessons Learned:Implementation of the Aarhus Convention in South and Eastern Europe Magda Tóth NagyPublic Participation Program Alma Aty, MoP-2, May 27, 2005

2. Content • Introduction • Achievements in SEE • Successes, problems, remaining challenges • Lessons learned

3. The Aarhus Convention: An instrument for major breakthrough in citizens’ rights Aarhus Convention • Ratified by Albania, Bulgaria, FYR Macedonia, Romania • Signed by Croatia and BIH • In process of accession: Serbia and Montenegro • Special situation: Kosovo (UNMIK) • Process reinforced by EU, ratification and new directives and accession efforts

4. Achievements in SEE Complex and strategic approach: • Assessment of status, needs and priorities • Developing strategies and action plans • Combination of technical assistance and different capacity building methods • Regional, national and local activities • Building synergies with other processes (EU accession) • Integrating Aarhus Convention provisions in different sectors (e.g.: environment and water, waste, energy, etc.)

5. Successes, Problems and Remaining Challenges in SEE • All countries made substantial progress • Legislative framework for pillars AI and PP mostly in place but for third pillar incomplete in some countries • EU candidate countries: only small gaps in legislation • SEE: General laws are there but implementing regulations procedures, mechanisms are missing

6. Successes, Problems and Remaining Challenges: Access to Environmental Information • Institutional/practical mechanisms • EU candidate countries: in place but need further improvements • In other SEE countries often missing • Good examples: Bulgaria, Romania, Macedonia • Detailed procedures for providing access and active dissemination missing in many countries • Conflict between horizontal and special laws • No common requirements/ guidance on interpretation of confidentiality • Limited technical, human and financial resources

7. Successes, Problems and Remaining Challenges: PP in Environmental Decision-making Article 6-7 • Increased interest of public to participate in PP in EIA in big investments • In drafting legislation and development of plans at regional and local level • Good examples: LEAPs • Detailed procedures and guidance missing in SEE while in candidate countries implementing practice needs to be improved • Difficulties in implementing some of Art. 6 requirements in practice • Differing practices across agencies and sectors

8. Successes, Problems and Remaining Challenges: Access to Justice • Candidate countries: many partly successful cases in Bulgaria • Few or no appeal and court cases in SEE countries • Reform of judicial system underway in SEE • Financial and other barriers • Injunctive relief not used • Judges and prosecutors do not know and apply Aarhus Convention

9. Successes, Problems and Remaining Challenges • Looking beyond short term interests • Implementation of AI and PP pillars at the local level by municipalities and other authorities remains a challenge

10. Lessons Learned • Long term strategic approach provides stable framework for more efficient, systematic and focused implementation • Need for continuous commitment and initiatives by the countries regardless of funding • Structures to support integrated and participatory approach in implementation (inter-governmental working groups, civil society involvement)

11. Lessons learned • Focus more on involvement of and targeting other ministries and agencies • More efforts to address the local community level projects • Matching regional experience sharing and country specific approach: networking, joint capacity building • Tools to support capacity building for officials, NGOs, judiciary and other stakeholders • Flexible framework for projects