Jerzy Jendrośka Maastricht Recommendation s on Public Participation

1. Jerzy JendrośkaMaastricht Recommendations on Public Participation Seminar “How to use the Aarhus Convention for the Protection of Space and Nature” Pula, 2-3 June, 2016 This seminar is part of the project “Increasing Transparency in Water and Space Management” financed by the EU and co-financed by the Croatian Government Office for NGOs Jerzy Jendrośka

2. Full tittle • Maastricht Recommendations on Promoting Effective Public Participation in Decision-making in Environmental Matters Jerzy Jendrośka

3. Legal basis • Request by theAarhus Convention Meeting of the Parties, at its second extra-ordinary session (Geneva, 19 and 22 April 2010) for the Task Force on Public Participation (decision EMP.II/1, paragraph 2(c)) • Adopted by the Task Force and presented during the Fifth session of theAarhus Convention Meeting of the Parties (Maastricht, the Netherlands, 30 June and 1 July 2014 - ECE/MP.PP/2014/8 Jerzy Jendrośka

4. Character • practical, • user-friendly • non-binding, • non-exhaustive tool to improve the implementation of the Convention’s provisions on public participation in decision-making Jerzy Jendrośka

5. Purpose • To assist: • Parties in designing their legal framework on public participation in environmental decision-making under the Convention • public officials on a day-to-day basis when designing and carrying out public participation procedures in environmental decision-making under the Convention. Jerzy Jendrośka

6. Process • Metings • With Water Convention experts • With Espoo EIA/SEA experts • With ANCLI nuclear safety experts • 3 consultation rounds (altogether about 1200 comments) • All comments and revisions publicly available Jerzy Jendrośka

7. Sources • Opinions of the Aarhus Compliance Committtee • Best practice • Views expressed during • meetings • written consultations Jerzy Jendrośka

8. Content • General Recommendations, inter alia on • Complex decision-making and „0” option • Delegating responsibility for public participation • Defining and identifying the public which may participate • Foreign public • Specific Recommendations on public participation under Articles 6,7 and 8 • Annex – Table: delagating the tasks in public participation procedure • Altogether • 190 recommendations • 55 pages Jerzy Jendrośka

9. Exemplary recommendation for the Parties - recommendation on the zero option (no16) In line with the Convention’s requirement for the public to have an opportunity toparticipate when all options are open, the public should have a possibility to providecomments and to have due account taken of them, together with other valid considerationsrequired by law to be taken into account, at an early stage of decision-making when alloptions are open, on whether the proposed activity should go ahead at all (the so-calledzero option). This recommendation has special significance if the proposed activityconcerns a technology not previously applied in the country and which is considered to beof high risk and/or to have an unknown potential environmental impact. The opportunityfor the public to provide input into the decision-making on whether to commence use ofsuch a technology should not be provided only at a stage when there is no realistic possibility not to proceed Jerzy Jendrośka

10. Exemplary recommendation for the officials - recommendation on methods of notifying the public (no 64) • As a guide, public notice should be placed: • (a) In a public place in the immediate vicinity of the proposed activity (e.g., on aprominent fence or signpost on the site of the proposed activity, etc.); • (b) On a publicly accessible physical noticeboard at the public authoritycompetent to take the decision, and on a prominent and publicly accessible part of thecompetent public authority’s website (if such a website exists); • (c) In the newspaper(s) corresponding to the geographical scope of the potentialeffects of the proposed activity and which reaches the majority of the public who may beaffected by or interested in the proposed activity; • (d) In places highly frequented by the public concerned and customarily used forthe purpose (e.g., noticeboards in community halls, post offices, shops and commercialcentres, places of worship, schools, kindergartens, sports halls and meeting places formarginalized groups, as well as at bus stops, sports fields, etc.); • (e) On the notice boards and websites of all local authorities in the area potentially affected. Jerzy Jendrośka