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

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Content

• Introduction

•Achievements in SEE

•Successes, problems, remaining challenges

•Lessons learned

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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

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Achievements in SEEComplex 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.)

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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

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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

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Successes, Problems and Remaining Challenges: PP in

Environmental Decision-makingArticle 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

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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

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Successes, Problems and Remaining Challenges• Looking beyond short term interests

• Implementation of AI and PP pillars at thelocal level by municipalities and other authorities remains a challenge

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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)

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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