Access to Information and Public Participation in Developing and Operating PRTR Systems

1. Access to Information and Public Participation in Developingand Operating PRTR Systems Magda Tóth NagyPublic Participation Programme October 15-16, 2007

2. 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

3. 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: • aims to enhance public access to environmental information through the establishment of a coherent and integrated E-PRTR • Art.10 Access to Information • Art.11 Confidentiality

4. 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

5. 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

6. Confidentiality of information E-PRTR and PRTR Protocol • All data reported by operators appear in E-PRTRexcept 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

7. Confidentiality of information: Grounds for Refusal Request may be refused if disclosure of information 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

8. 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

9. Confidentiality Table 16: Example for reporting of confidential data Releases to air

10. Example for reporting of confidential data Off-site transfer of hazardous waste

11. 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

12. PRTR Protocol: Public Participation and Access to Justice Public Participation (Art. 13) • Party to ensure appropriate opportunities for public participation in development of national PRTRs • Provide free access to information on proposed measures concerning development • Provide opportunity for submitting comments, analyses, opinions relevant to the decision-making process • Due account taken of public input • Information on decision to establish or significantly change PRTR will be made publicly available when made in timely manner Access to Justice (Art 14) • in line with Aarhus Convention Art. 9, par. 1

13. Information about the projects Contact: Magda Tóth Nagy Public Participation Program, REC tmagdi@rec.org www.eper.ec.europa.eu www.unece.org/env/pp/prtr www.rec.org/REC/Programs/ PublicParticipation