Access to Information and Public Participation

in Developing and Operating PRTR

Systems

Magda Tóth NagyPublic Participation

ProgrammeOctober 15-16, 2007

www.rec.org

Contents

• Access to Information in EPER, E-PRTR and PRTR Protocol

• Confidentiality of Information in E-PRTR and PRTR Protocol

• Public Participation in E-PRTR and PRTR Protocol

• Access to Justice

• Awareness raising

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Access to Information in EPER and E-PRTR

• EPER: • Commission will publish the

results of the inventory every three years via EEA

• E-PRTR Regulation:E-PRTR Regulation:• aims to enhance public access

to environmental information through the establishment of a coherent and integrated E-PRTR

• Art.10 Access to Art.10 Access to InformationInformation

• Art.11 ConfidentialityArt.11 Confidentiality

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E-PRTR: Access to information (Art.10)

• E-PRTR made continuously and readily publicly accessible by the Commission assisted by the EEA

• free of charge on the internet and within the foreseen timeframe

• Where information not easily accessible by direct electronic means, MS and Commission to facilitate electronic access in publicly accessible locations

• Additionally made accessible by other electronic means such as the “Europe Direct Information Networks”

• face to face contact at about 400 locations• Free of charge telephone• Via e-mail or web site

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PRTR Protocol: Public Access to Information

(Art.11)Public access ensured:

• Without an interest to be stated• Primarily by direct electronic access• Party to provide information upon request

or by other effective means where information not easily accessible by direct electronic means

(+timeframe)• Access to information in register free of

charge• May charge for reproducing and mailing

but shall not exceed reasonable amount• Party to facilitate electronic access in

publicly accessible locations e.g. public libraries, offices of local authorities or other appropriate places

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Confidentiality of information E-PRTR and

PRTR Protocol • All data reported by operators

appear in E-PRTR except data kept confidential in accordance with to the exhaustive list of reasons set out in Article 4(2) of Directive 2003/4/EC• Decision on confidentiality taken by

competent authorities upon an indication by the operator

• Where information kept confidential:

• MS to indicate in their report to EC for each piece of information withheld;

• the type of information that has been withheld;

• the reason for which it has been withheld

• PRTR Protocol: • based on Aarhus Convention Art.4.4 • less exceptions

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Confidentiality of information: Grounds for

RefusalRequest may be refused if disclosure

ofinformation would adversely affect:• Confidentiality of proceedings of public authorities• International relations, public security and national

defence• The course of justice• Confidentiality of commercial or industrial

information• protecting a legitimate economic interest• including public interest in maintaining

statistical confidentiality and tax secrecy (E-PRTR regulation)

• Intellectual property rights• Confidentiality of personal data and/or files relating

to a natural person where that person has not consented to

the disclosure of the information to the public• Interest of persons who supplied information

voluntarily (unless consented)• Protection of environment

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Confidentiality of information: Grounds for

Refusal• Request may be refused if disclosure

of information would adversely affect

• Provided for by national or Community law

• Protect legitimate economic interest

• Grounds to be interpreted in restrictive way

• Taking into account the public interest served by disclosure

• Information relating to emissions to the environment may not be refused

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ConfidentialityTable 16: Example for reporting of confidential data

Releases to air

Pollutant no. from Annex II.

Pollutant name from Annex II

M/C/E

Method used

Quantity kg/year

Reason for Confidentiality

Confidential data

- Heavy metal

M 8.45 Article 4(2)(b)of Directive2003/4/EC

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Example for reporting of confidential data

Off-site transfer of hazardous waste

Off-sitetransferof HW

Quantity(t/year)

WasteTreatmentoperation

M/C/E

Methodused

Name ofrecoverer/disposer

Address ofrecoverer/Disposer

Address ofactualrecovery/disposal site

Reason forConfiden-tiality

To other countries

- R M weighing

SunshineComponentsLtd.

Sun Street,Flowertownsouth, PP128TS, UnitedKingdom

Sun Street,Flowertownsouth, PP128TS, UnitedKingdom

Article 4(2)(d)of Directive2003/4/EC

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Public Participation and Awareness Raising

E-PRTR (Art. 12)• Commission shall provide the public

with early and effective opportunities to participate in the further development of the European PRTR, including capacity-building and the preparation of amendments Regulation

• Opportunity for public to submit any relevant comments, information, analyses or opinions within a reasonable timeframe

• Commission shall take due account of such input and shall inform the public about the outcome of the public participation

Awareness raising (Art 13)EC to promote awareness of E-PRTR

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PRTR Protocol: Public Participation and Access to

Justice Public Participation (Art. 13) Public Participation (Art. 13) • Party to ensure appropriate opportunities for Party to ensure appropriate opportunities for

public participation in development of public participation in development of national PRTRsnational PRTRs

• Provide free access to information on Provide free access to information on proposed measures concerning development proposed measures concerning development

• Provide opportunity for submitting comments, Provide opportunity for submitting comments, analyses, opinions relevant to the decision-analyses, opinions relevant to the decision-making processmaking process

• Due account taken of public inputDue account taken of public input• Information on decision to establish or Information on decision to establish or

significantly change PRTR will be made significantly change PRTR will be made publicly available when made in timely publicly available when made in timely mannermanner

Access to Justice (Art 14) Access to Justice (Art 14) • in line with Aarhus Convention Art. 9, par. 1in line with Aarhus Convention Art. 9, par. 1

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Information about the projects

Contact:Magda Tóth Nagy Public Participation Program, REC

tmagdi@rec.org

www.eper.ec.europa.euwww.unece.org/env/pp/prtr

www.rec.org/REC/Programs/PublicParticipation