On ratification of the convention on access to information, public participation in the decision-making process and access to justice on environmental issues

Home / RLA / On ratification of the convention on access to information, public participation in the decision-making process and access to justice on environmental issues

Law of the Republic of Kazakhstan dated October 23, 2000 No. 92-II

To approve the convention on access to information,public participation in the decision-making process and access to justice on issues related to the environment, concluded in Aarhus (Denmark) on June 25, 1998.

President Of The Republic Of Kazakhstan

Convention on access to information, public participation in the decision-making process and access to justice on environmental issues

(Entered into force on January 11, 2001-official website of the Ministry of foreign affairs of the Republic of Kazakhstan)

The parties to this convention, based on the principle of the 1 Stockholm Declaration on human environment problems, as well as on the principle of the 10 Rio de Geneiro on Environment and development, further based on resolutions 37/7 of the General Assembly on the world nature Charter of 28 October 1982 and 45/94 of 14 December 1990 on the need to ensure a healthy environment in the interests of, Based on the European Charter on Environment and health adopted at the first European Conference of the World Health Organization "environment and health" in Frankfurt am Main, Germany, on December 8, 1989, reaffirming the need to protect and preserve the environment, improve its condition, ensure sustainable and environmentally safe development, recognizing the need for adequate protection of the environment to ensure human well-being and, also recognizing that everyone has the right to live in an environment conducive to their health and well-being, is obliged to protect and improve the environment for the benefit of present and future generations, both individually and in cooperation with others, citizens have access to environmental information in order to ensure the possibility of protecting and fulfilling this right, considering that citizens must have the right to participate in the decision-making process and have access to justice on issues related to the environment, and recognizing that in this regard, citizens can be provided with the necessary assistance to exercise their rights, improving access to information and public participation in the decision-making process in matters related to the environment will improve the quality of decisions, recognizing the need for transparency in all branches of Public Administration and recommending the implementation of the principles of this convention in their work, recognizing the need for transparency in all branches of Public Administration, and seeking to promote transparency in the accounting and decision-making process and public support for decisions in the field of the environment., promoting environmental education in order to deepen understanding of processes related to the environment and sustainable development, recognizing further the importance of the relevant roles that individual citizens, non-governmental organizations and the private sector can play in Environmental Protection, recognizing that the public should be aware of procedures for participation in the decision-making process on environmental issues, freely receive and know how to use them, considering that it is necessary to encourage widespread public awareness of decisions that promote the environment and sustainable development and its participation in the process of making such decisions, emphasizing in this regard the important role of the use of the media and electronic or other means of communication that will arise in the future, the importance of full accounting of environmental judgments in decision-making at the, recognizing the need to have comprehensive and new environmental information, recognizing that government agencies will have environmental information in the interests of the public, believing that effective judicial mechanisms should be easy to obtain for the public, including the organization, in order to ensure the protection of legitimate interests and the application of the law, emphasizing the importance of providing relevant information about products to, recognizing the public concern about the deliberate release of genetically modified organisms into the environment, increasing transparency and the need for greater public participation in the decision-making process in this area, confident that the implementation of this convention will contribute to the strengthening of democracy in the region of the United Nations Economic Commission for Europe (EEC), recognizing the role played by the EEC in this regard and, in particular, in Bulgaria, Based on the EEC's Guiding Principles for ensuring access to environmental information and public participation in the decision-making process in the field of Environmental Protection, adopted in Finland, Espo on February 25, 1991, in Sofia, adopted at the Third Ministerial Conference "environment for Europe" on October 25, 1995, approved in the Ministerial Declaration of the convention on the assessment of environmental impact in the context of, Taking into account the relevant provisions of the convention on the intermediate border of industrial accidents and the International Conference on the protection and use of intermediate border watercourses and lakes, adopted in Helsinki on March 17, 1992, as well as other regional conferences, understanding that the adoption of this convention will contribute to the further strengthening of the "environment for Europe" process and the development of the results of the fourth ministerial conference in Aarhus, Denmark, in June 1998, the following were agreed:

Article 1 purpose

In order to promote the protection of the right of each person of present and future generations to live in an environment conducive to his health and well-being, each party guarantees the right, in accordance with the provisions of this convention, to access environmental information, to participate in the decision-making process of the public, to access justice on issues related to the environment.

Article 2 definitions

For the purposes of this convention: 1. "party" means a contracting party to this convention, unless otherwise specified in the text. 2. "state body": a) Administration at the national, regional and other levels; b) individuals or legal entities performing state administrative functions in accordance with national laws, including the provision of specific tasks, activities or services related to the environment; (c) any other natural or legal persons performing public duties or functions or providing services to the public relating to the environment under the supervision of the body or person referred to above in subparagraphs A) or b); (d) the institution of any regional organization of economic integration referred to in Article 17, which is a party to this convention. This definition does not include bodies or institutions that act as judicial or legislative bodies. 3. "Environmental information" means any information recorded in written, audiovisual, electronic or any other material form about: a) the state of environmental elements such as air and atmosphere, water, soil, land, landscape and natural objects, biological species and its components, including genetically modified organisms, and the interaction between these elements; B) factors such as substances, energy, noise and radiation, as well as activities or measures, including administrative measures, environmental agreements, policies, laws, plans and programs that influence or are capable of influencing the elements of the environment contained in subparagraph A) above, analysis of costs and results and other economic analysis and assumptions used when making decisions on environmental issues; C) the state of Health and safety of people, the conditions of people's lives, the state of cultural objects and houses and buildings, each of which is influenced or can be influenced by the state of environmental elements, or through these elements the factors, activities or measures mentioned above in subparagraph B). 4." public " means one or more individuals or legal entities in accordance with national laws and the practice of their association, organization or group. 5. "Interested public" refers to the public that is or may be moved by the process of making decisions on issues related to the environment, or has an interest in the process; for the purposes of this definition, non-governmental organizations that promote the environment and meet any requirements imposed by national law are considered to be organizations with an interest.

Article 3 General Provisions

1.each party shall take the necessary legal, regulatory and other measures, including measures to achieve the unification of the rules regulating the procedure for implementing the provisions of this Convention Relating to access to information, public participation and judicial justice, and appropriate measures to establish and maintain a transparent, transparent and coordinated structure for the implementation of the provisions of this convention. 2. Each party seeks to ensure that officials and state bodies provide assistance to the public and guide it in obtaining information, facilitating its participation in the decision-making process and achieving justice on issues related to the environment. 3.each party shall promote environmental education and increase the level of public awareness about the environment, especially in relation to obtaining information, participating in the decision-making process and achieving justice on issues related to the environment. 4. Each party shall ensure the proper recognition and appropriate support of associations, organizations or groups promoting environmental protection and shall ensure that its national legal system complies with this obligation. 5. The provisions of this Convention do not affect the right of any party to continue or implement measures that provide for wider access to information, more active participation of the public in the decision-making process, and wider access to justice on environmental issues as provided for in this convention. 6.this convention does not require any weakening of the existing rights to access environmental information, public participation in the decision-making process and access on issues related to the environment. 7.each party shall promote the international principles of decision-making regarding the environment and the application of the principles of this convention within international organizations in matters relating to the environment. 8.each party shall ensure that persons exercising their rights in accordance with the provisions of this convention shall not be subjected to punishment, persecution and oppression in any form for their activities. This provision does not affect the authority of national courts to issue a resolution to cover reasonable expenses related to court costs. 9. Within the framework of the relevant provisions of this convention, without discrimination on the grounds of citizenship, nationality or place of residence, and in the case of a legal entity, without discrimination on the grounds of its place of registration or de facto center of activity, the public has access to information, the opportunity to participate in the decision-making process and

Article 4 access to Environmental Information

1. each party shall ensure that state bodies, in compliance with the following paragraphs of this article, provide such information to the public in response to a request for the provision of Environmental Information, in the presence of a request, taking into account the norms of national laws, and in accordance with Paragraph b) below, including a copy of the actual documentation containing or containing such information: A) without the need to formulate their interests; b) in the requested form, only if: i) the state body does not have grounds for its transfer in another form, in which case it must indicate the reasons justifying the provision of information in such a form; or ii) if the information has not been provided to the public in another form. 2.Environmental Information referred to in Paragraph 1 Above is provided within the shortest possible time, but not later than one month after the application, if only the volume and complexity of the relevant information does not justify extending this period to two months after the application is submitted. The applicant is notified of any extension of this period and of the reasons justifying the adoption of such a decision. 3. If: a) the state body to which the application is addressed does not have the requested Environmental Information; b) the application is clearly unfounded or formulated in too general terms; or (C) at the final stage of the development of the application, or in relation to materials that are in and between internal correspondence of state bodies, in which national laws or established practice provide for such a situation, the request for the provision of Environmental Information may be rejected, taking into account the interest of the public in obtaining such information. 4. An application for economic information may be refused if the disclosure of such information negatively affects: (a) the confidentiality of the work of government agencies in cases provided for by national legislation; (b) international relations, national defense or State security; (c) justice, the ability to subject people to fair judicial investigation or criminal liability of government agencies. or ability to conduct disciplinary investigations; d) to the confidentiality of commercial and industrial information in cases where such confidentiality is protected by law in order to protect legitimate economic interests. In this framework, information on waste disposed of in relation to environmental protection must be disclosed; F) intellectual property rights; f) confidentiality of personal data and/or archives relating to the individual when the person who is to provide such information to the public in accordance with the provisions of national laws does not consent; (G) in the interests of the third party that provided the requested information, if this party is not bound by a legal obligation to do so, or if such obligation cannot be imposed on that party and that party does not consent to the disclosure of the material; or (h) in relation to the environment in which this information relates, for example, to The above grounds for refusal are interpreted as limited, taking into account the public interest in the disclosure of this information and taking into account whether the requested information is related to the disposal of waste into the environment. 5.in cases where the state body does not have the requested Environmental Information, This state body notifies the applicant of the state body that it considers it possible to apply for the provision of information in the shortest possible time, or submits this application to this body and duly informs the applicant about it. 6. In cases where information that is not subject to disclosure in accordance with paragraphs 3 C) and 4 above may be separated from other information without prejudice to the confidentiality of information, each party shall ensure that the state authorities provide the rest of the requested Environmental Information. 7.if the application for the provision of information is sent in writing or if the applicant requests this, then the refusal is also submitted in writing. The refusal indicates its reasons and provides relevant information on access to the procedure for considering the decision adopted in accordance with Article 9. If only the complexity of the information does not justify the extension of this period up to two months from the date of submission of the application, the refusal of the application for the provision of information is made in the shortest possible time, but no later than one month. The applicant will be notified of any extension of this period and its reasons. 8.each party may allow its state bodies to collect fees for providing information if this fee does not exceed the reasonable level. State bodies wishing to collect fees for the information provided inform the applicants of the rates of rates at which fees may be collected, indicating the circumstances providing for the collection of fees or exempting them from payment, and the circumstances under which the information is provided in the case of prepayment of such a fee.

Article 5 collection and dissemination of Environmental Information

1. each party shall: (A) ensure that state bodies have and modernize environmental information relevant to their functions; (b) establish mandatory systems to ensure that information on planned and implemented activities that can have a significant impact on the environment is adequately received by state bodies; (C) in the event of any threat to human health or the environment as a result of human activity and for reasons of a natural nature, all information available to the state body, allowing the public to take measures to prevent or mitigate the consequences of damage arising in connection with such a threat, shall be immediately and without delay distributed among the members of the potentially threatened society. 2. Each party shall ensure that the procedures for providing information to the public by state bodies within the framework of national laws are clear and that environmental information is obtained in an easy way, including: a) sufficient information is provided to the public on the type and coverage of Environmental Information at the disposal of the relevant state bodies and on the basic conditions determining the possibility of providing such information and on its access, on the process of obtaining it; b) the organization and implementation of such practical measures; b) the organization and implementation of such practical measures; B) the organization and implementation of such practical measures; b) the organization and implementation of such practical measures; b) the organization and implementation of such practical measures; b) the organization and implementation of such practical measures; (I) ensure that the public receives lists, registers or Archives; (ii) establish the duties of officials to support the public in obtaining information in accordance with this convention; and (C) provide free transmission of existing environmental information in lists, registers or archives in accordance with subparagraph b) i) above. 3.each party shall ensure a gradual increase in the volume of Environmental Information in electronic databases that are easy for the public to obtain through public communication nodes. The information received in such form must include: a) reports on the state of the environment referred to in paragraph 4 below; b) texts of legislative acts on the environment or related issues; C) documents on policy issues, plans and programs in or related to the environment, as well as Environmental Protection Agreements, in appropriate cases; (d) if such information is in electronic form, the presence of such information in such form is other information that facilitates the application of national laws to implement this convention. 4.each party shall publish and disseminate, at regular intervals of no more than three or four years, a national report on the state of the environment, including information on the quality of the environment and information on the load on the environment. 5. Each party shall take the following measures for dissemination within the limits of its legislation, namely: (a) legislative acts and policy documents such as strategy, policy documents, programmes and action plans in the field of the environment and progress reports on their implementation, developed at various levels of government; (b) international treaties on issues related to conventions and agreements related to the environment; and (c) other important documents on environmental issues, as appropriate. 6. Each party encourages operators whose activities have a significant impact on the environment, regularly informs the public about the impact of their activities and products on the environment, which, in appropriate cases, does so voluntarily within the framework of the use of ecotagging systems and environmental expertise or with the help of other means. 7. each party shall: A) publish the actual information and the analysis made to it, which it deems appropriate and relevant for the development of the most significant proposals on environmental policy issues; (B) publish or otherwise ensure the receipt of available explanatory material on their contacts with the public on matters falling within the scope of this convention; and (C) provide information in the appropriate form on the performance of state functions by state bodies at all levels or on the provision of services to the public related to the environment. 8. Each party develops mechanisms in order to ensure that sufficient information about products is provided to the public in order to enable consumers to conduct a reasonable analysis, taking into account the interests of Environmental Protection. 9. Each Party shall take measures to gradually deploy, with due regard to an agreed national system of pollution inventories or registers, processes carried out at the international level, using a database developed using a standardized reporting system, structured, computerized and user-friendly to the public. Such a system may contain data on the receipt, distribution and replacement of water, energy and resources in the implementation of a specific range of activities, a certain range of substances and products, including in various areas of the environment, as well as in the use of processing and waste disposal sites within or outside industrial facilities. 10.nothing in this article may infringe on the rights of the parties to refuse to disclose certain environmental information in accordance with the provisions of paragraphs 3 and 4 of Article 4.

Article 6 public participation in decision-making on specific types of activities

1.each party shall: A) apply the provisions of this article to decisions on the expediency of resolving the planned types of activities referred to in Annex I; B) apply the provisions of this article to decisions on proposed types of activities that may have a significant impact on the environment in accordance with its national laws, as well as not mentioned in Annex I. For this purpose, the parties determine that such a type of activity is covered by these rules; and (C) if this is provided for by national laws, this party may decide in each specific case not to apply the provision of this article to planned activities serving the purposes of national defense, if it considers that such application will have a negative impact on these purposes. 2. The interested public is adequately, timely and effectively informed, either by public notification of the circumstances, or at the very initial stage of the procedure for the adoption of environmental issues, including: a) the planned type of activity and the application on the issue on which the decision will be made; b) the nature of possible decisions or the draft decision; C) the public; ii) on the opportunities to be created for public participation; III) on the time and place of any scheduled public hearing; iv) on the existence of a public body from which relevant information can be obtained and where relevant information has been provided for public consideration; v) on the existence and timing of the provision of notices or issues by the relevant public body or any other official body; and e) coverage of this type of activity by the national and intermediate border procedure for assessing the impact on the environment. 3.procedures for public participation include reasonable deadlines for the implementation of various stages, which, in accordance with paragraph 2 above, provide sufficient time for the development and effective participation of the public in the decision-making process on environmental issues. 4. Each party ensures the participation of the public at the very initial stage, when all opportunities are open for consideration of various options and it is possible to ensure effective public participation. 5.each party, if necessary, should encourage potential applicants, hold discussions and provide information regarding the purposes of their applications before submitting an application for permission to identify interested groups of the public. 6. Each party requires the competent state bodies to obtain free of charge all information relating to the decision-making process referred to in this article and at the time of the public participation procedure where it is required in accordance with national laws for the receipt of requests from interested groups of the public, to refuse to disclose certain information in accordance with paragraphs 3 and 4 of Article 4 for the purpose of studying it on receipt without prejudice to the rights of the parties. The relevant information, at least without prejudice to the provisions of Article 4, shall include: a) the nature of the industrial facility, the physical and technical characteristics of the proposed activity, including the assessment of the projected waste and disposal; b) a description of the significant impact of the planned activity on the environment; C) a description of the measures provided for to prevent and/or; and( f) shall contain the main reports and proposals sent to the state body in accordance with national laws, when information is provided to the interested public in accordance with paragraph 2 above. 7.the procedures for public participation allow, in writing or, if necessary, in the course of public hearing or consideration of the issue, to submit in the presence of the applicant any Comments, information, analysis or opinions that he considers relevant to the planned activity. 8. Each party ensures that the results of public participation are adequately reflected in the adopted decision. 9.each party shall ensure that, after making a decision by a state body, the public is immediately notified of this decision in accordance with the relevant procedures. 10.each party, as well as in cases where this is appropriate, shall ensure that the provisions of articles 2-9 of this article ut mutatis mutandis shall be applied. 11. Each party shall, within the framework of its national laws, apply the provisions of this article to the extent possible and accordingly to decisions concerning the provision of decisions on the deliberate release of genetically modified organisms into the environment.

Article 7 public participation in the resolution of issues related to plans, programs and policies related to the environment

Each party shall provide the public with appropriate practical and/or other provisions relating to public participation within the framework of an open and fair structure in the process of developing plans and programs related to the environment. Within the framework of this structure, paragraphs 3, 4 and 8 of Article 6 apply. The relevant state body shall determine the circle of the public that may participate in this process, taking into account the purposes of this convention. Each party makes efforts to ensure that the public is able to participate in the development of environmental-related policies as much as possible.

Article 8 participation of the public in the development of normative provisions with direct enforcement force and/or legally binding normative acts adopted by the public

Each party makes efforts to ensure the effective participation of the public in the development by state bodies of direct executive regulatory provisions and other legally binding provisions adopted by the public that can have a significant impact on the environment, at the appropriate stage, when the opportunity remains open for choice. For this purpose, the following measures are taken: a) a sufficient period is established to ensure effective participation; b) draft rules are published and submitted to the public in a different order; and (C) the public is given the opportunity to do so through representative advisory bodies. The results of public participation are taken into account to the extent possible.

Article 9 access to justice

1.each party shall ensure that, within the framework of its national laws, any person who considers that his application for obtaining information submitted under Article 4 has not been considered in part or in full, has been returned illegally, has been returned to a decent extent, or in any other way does not appear to comply with the provisions of article dedicated to his application, has access to the procedure for consideration of a decision made in court or other independent and fair body established in accordance with the law. In cases where such a decision is considered in court, the parties shall ensure that such a person has access to a fast procedure established by law, which requires the minimum payment for a review by a state body or consideration by an independent and fair body that is not a court. The final decisions taken in accordance with this paragraph are binding on the state body that has the relevant information. The reasons, even in the absence of them, are indicated in writing in cases where the application for the provision of information in accordance with this paragraph is not accepted. 2. Each party, within its own laws, shall: (A) be sufficiently interested in, or as an alternative option; (B) the relevant representatives of the public, who believe that any of their rights specified in the administrative procedural rules of the relevant party have been violated, shall ensure that decisions taken in order to challenge the legality of any decision in legal and procedural terms, in compliance with the provisions of Article 6, which it provides for and other relevant provisions of this convention, without prejudice to Paragraph 3 below, have access to the procedure for consideration in court and/or other independent and fair body established in accordance with the law. The presence of sufficient interest and any violation of any right shall be determined on the basis of the provisions of national law and within the framework of this convention in accordance with the purpose of broad access of the interested public to justice. In this regard, for the purposes of subparagraph A) above, the interest of any non-governmental organization that meets the requirements specified in paragraph 5 of Article 2 is sufficient. For the purposes of subparagraph (b) above, such an organization has the right to claim a violation of its rights. The provisions of paragraph 2 do not exclude the possibility of using preliminary review procedures in an administrative body and do not affect the requirement to use administrative review procedures before resorting to judicial review procedures in cases where such a requirement is provided for by national legislation. 3. Along with and without prejudice to the review procedures referred to in Paragraphs 1 and 2 above, each party, in its laws, ensures that representatives of the public who meet the criteria provided for, if any, have access to administrative or judicial procedures to challenge the actions of individuals and public authorities that violate the provisions of national laws regarding the environment. 4. In addition to Paragraph 1 of the procedure and without prejudice to it, those mentioned in Paragraphs 1, 2 and 3 above, the court should ensure adequate and effective means of law enforcement, including the need for legal protection in the form of a ban, fair, non-prejudicial, timely and not associated with unattainable high costs. Decisions taken in accordance with this article are issued in writing or a protocol is drawn up. The public has access to the decisions of the courts and, where possible, other bodies. 5. In order to improve the effectiveness of the provisions of this article, each party shall ensure that the public is informed about access to administrative and judicial procedures for reviewing decisions and consider the issue of creating appropriate mechanisms for providing assistance to eliminate or reduce financial or other obstacles to achieving judicial justice.

Article 10 council of the parties

1.the First Council of the parties shall be convened no later than one year from the date of entry into force of this convention. Subsequent meetings of the parties shall be held at least every two years, unless otherwise decided by the parties or, at the written request of any of the parties, by at least one third of the parties within six months from the date of notification by all parties of this application of the Executive Secretary of the Economic Commission of Europe. 2. The parties shall, at their meetings, continuously monitor the progress of the implementation of this Convention on the basis of information regularly received from the parties and shall, to this end: (a) adopt policy, legal and methodological approaches with the aim of further improving access to information, public participation in the decision-making process and access to justice on environmental issues; (b) exchange information regarding the objectives of this convention, with respect to the experience gained in the conclusion and implementation of bilateral and multilateral agreements or other agreements to which one or more parties are parties; (c) pay attention to the services provided by the relevant bodies of the Economic Commission for Europe, as well as other competent international bodies and special committees, if necessary, to consider all aspects related to the achievement of the objectives of this convention; (d) establish any auxiliary bodies, if necessary; (f) review and approve proposals for amendments to this convention in accordance with the provisions of Article 14; (g) consider and take any additional measures required to achieve the objectives of this convention; (h) review and unanimously adopt the provisions of its own councils and councils of subsidiary bodies at its first meeting; (I) at its first meeting, it considers the experience gained by itself in implementing the provisions of Article 5, paragraph 9, and decides what steps should be taken for the further development of the system, including the development of the relevant document on the entry of dirty substances into the environment and the replacement registers and cadastres that may be included in the annex to this convention, taking into account the processes and changes taking place at the international level. 3.the Council of the parties may, if necessary, consider the issue of determining financial conditions on a unanimous basis. 4. The United Nations, its specialized agencies and the Atomic Energy Agency, as well as any state or regional organization of economic integration that has the right to sign this convention in accordance with Article 17, but is not a party to this convention, and any intergovernmental organization with competence in the areas to which this convention belongs, have the right to participate in the meetings of the parties as observers. 5. Any non-governmental organization that has competence in the areas to which this convention belongs and has notified the Executive Secretary of the Economic Commission of Europe of its desire to participate in the Council of the parties has the right to such participation as an observer only if one-third of the parties to the council, if not, object to it. 6.for the purposes of paragraphs 4 and 5 above, the provisions of the procedure referred to in Paragraph 2 h) above provide for practical mechanisms and other relevant circumstances relating to the permissive procedure.

Article 11 right to vote

1. Each party to this conference shall have one vote, except as provided in paragraph 2 below. 2. Regional economic integration organizations shall exercise their right on matters within their competence with a number of votes equal to the number of Member States that are parties to this Convention. If Member States exercise their voting rights and do the opposite, such organizations lose their voting rights.

Article 12 Secretariat

The Executive Secretary of the Economic Commission of Europe holds the following functions: (a) convenes and develops meetings of the parties; (B) provides the parties with alternatives and other information received in accordance with the provisions of this convention; and (C) carries out other such services that may be established by the parties.

Article 13 appendix

The annex to this convention constitutes an integral part of it.

Article 14 amendments to the convention

1.any party may propose amendments to this convention. 2.any text submitted to this convention shall be submitted in writing to the Executive Secretary of the Economic Commission for Europe, who shall send it to all parties at least ninety days before the meeting of the parties to which the adoption of this amendment is proposed. 3.The Parties shall make every effort to reach an agreement by unanimous consent regarding the adoption of any amendment proposed to this convention. If all means are exhausted to achieve unanimity, and an agreement is not reached, as a last resort, the amendment is adopted by a three-quarters majority of the parties present in the council and participating in the vote. 4. depositories shall be brought to the attention of all parties for approval, approval or adoption of an amendment to this convention adopted in accordance with paragraph 3 above. Amendments to this convention shall enter into force for the parties that have ratified, approved or adopted them, along with amendments to annexes, on the ninetieth day after receiving notification by the depositary of their ratification, establishment or adoption by at least one third of these parties. Further amendments for any party shall enter into force on the ninetieth day after the submission of the document for approval, approval and acceptance of these amendments for that party. 5. Any party unable to approve any amendment to the annex to this convention shall notify the depositary of this in writing within twelve months of the date of receipt of notification of the adoption of the amendment. Any party may accept the amendments at any time, abandoning its previous amendment, and after the document of acceptance is deposited with the Depositary, these amendments to such annex shall enter into force for that party. 6. Within twelve months after the date of notification by the Depositary provided for in paragraph 4 above, in accordance with the provisions of Paragraph 5 above, no more than a third of the number of parties has provided such notification, the amendment to the annex shall enter into force for the parties that have not notified the Depositary. 7.for the purposes of this article, "the parties present and participating in the voting" shall be understood as the parties participating and voting "for" or "against".

Consideration of compliance with Article 15

The Council of the parties shall unanimously establish optional measures of a non-exclusive, non-judicial and advisory nature to consider compliance with the provisions of this convention. These measures ensure the proper participation of the public and may include the possibility of reviewing reports from representatives of the public on issues related to this convention.

Article 16 dispute settlement

1.in the event of disputes between two or more parties relating to the interpretation or application of this convention, they shall seek to seek a solution by negotiation or any other method of dispute settlement that may be adopted for the parties involved in the dispute. 2. At the time of signing, approving, accepting, approving or acceding to this convention, or at any time thereafter, a party may send a written application to the depositary in respect of disputes that have not been resolved in accordance with the provisions of Paragraph 1 above, from the following means of dispute settlement, which are binding on any of it, it recognizes one or both. Parties that assume the following obligations: a) transfer to the International Court of Justice; b) Arbitration for the procedure established by Annex II. 3. If the parties to the dispute accept the two instruments of settlement of the dispute mentioned in Paragraph 2 above, the dispute may be submitted only to the International Court, unless the parties agree on another.

Article 17 signing

This convention shall be established on June 25, 1998 in Aarhus (Denmark), and then until December 21, 1998 by the member states of the European Economic Commission, including the powers of states with advisory status under the European Economic Commission in accordance with paragraphs 8 and 11 of resolution 36 (IV) of the economic and Social Council of March 28, 1947, to conclude treaties on these issues, regional organizations of economic integration established by the sovereign member states of the Economic Commission of Europe to which their member states have delegated their powers with respect to matters governed by this convention are open for signature.

Article 18 Depository

The Secretary-General of the United Nations acts as the depositary of this convention.

Article 19 approval, acceptance, approval and merger

1.this convention shall be ratified, adopted or approved by the signatory states and regional organizations of economic integration. 2.this convention is open to states and regional organizations of economic integration referred to in Article 17 of 22 December 1998. 3.any other state that is a member state of the United Nations, not specified in Paragraph 2 above, may accede to the convention with the consent of the Council of the parties. 4. In their instruments of approval, acceptance, approval or accession, the regional organizations of economic integration referred to in Article 17 declare the limits of their competence in matters governed by this convention.

Entry into force of Article 20

1.this convention shall enter into force on the ninetieth day after the sixteenth instrument of ratification, acceptance, approval or accession has been deposited. 2.for the purpose of Paragraph 1 Above, any document deposited with any regional organization of economic integration shall not be considered as an addition to the documents deposited with the member states of such organization. 3. After the sixteenth document of ratification, acceptance, approval or accession has been deposited for each state or organization referred to in Article 17 and approving, adopting or approving or acceding to this convention, this convention shall enter into force on the ninetieth day after the document of ratification, acceptance, approval or accession has been deposited by such state or organization.

Article 21 withdrawal from the convention

In respect of any party, this party may withdraw from the convention by sending written notice to the Depositary at any time until three years have elapsed from the date of entry into force of this convention. Any such withdrawal shall enter into force on the ninetieth day after the date of receipt of notification of it by the Depositary.

Article 22 original texts

The English, Russian and French texts, which are the original, original texts of this convention, shall be deposited with the secretary-general of the United Nations. The persons authorized to do so have signed this convention. One thousand nine hundred and ninety-eight was made in Aarhus (Denmark) on the twenty-fifth of June.

Appendix I

List of activities referred to in Paragraph 1 A) of Article 6

1. Energy: - oil refineries and gas refineries; - installations for gasification and coal liquefaction; - thermal power plants and other installations for combustion of which 50 megawatts (MW) or more thermal power are imported; - coconut furnaces; -nuclear power plants and other installations with an atomic reactor, including dismantling or decommissioning of oil power plants or reactors 1 (with the exception of research installations for the production and conservation of fissile and recoverable materials with a maximum power constant thermal load of no more than 1 kW); - installations for simulating irradiated nuclear fuel; - installations for: - production and enrichment of nuclear fuel; - for processing irradiated nuclear fuel or highly radioactive waste; - intended for final disconnection of irradiated nuclear fuel; - intended only for storage of irradiated nuclear fuel or radioactive waste in other places outside the territory of the production facility (planned for more than 10 years). 2. production and processing of metals: - installations for annealing or sintering metal ores (including sulfite ore); - installations for remelting (first or second smelting) of cast iron or steel, including continuous discharge at a yield of more than 2.5 tons per hour; - installations for processing ferrous metals: i) hot rolling mills with a capacity of more than 20 tons of raw steel per hour; ii) forge Hammers with a hammer capacity of more than 50 KJ, with a heat consumption of more than 20 MW; III) application of protective spray metal coatings with a feed of raw steel of more than 2 tons per hour; - casting of ferrous metals with a production capacity of more than 20 tons per day; - installations for: i) production of non-acidified metals from ore, concentrates or secondary raw materials through metallurgical, chemical or electrolytic processes; II) alloys of non-ferrous metals, including recuperated products (refined, Foundry, etc.), with a melting capacity of more than 4 tons per day for lead and cadmium or more than 20 tons for all other metals; -installations for surface treatment of metals and plastic continents using electrolytic or chemical processes, when the volume of vats used for processing increases by 30 cubic m. 3. mineral processing industry: - installations for the production of cement clinker in Rotary annealing furnaces with a production capacity of more than 500 tons per day, or lime in Rotary annealing furnaces with a production capacity of more than 50 tons per day, or other furnaces with a production capacity of more than 50 tons per day; - installations for the production of asbestos or the development of asbestos-containing products;-installations for the production of glass with a melting power of more than 20 T per day, including glass fiber; - installations for the dissolution of minerals, including the production of mineral fibers, with a melting power of more than 20 T per day; - installations for the production of ceramic products by firing, in particular roofing ceramics, bricks, refractory bricks, ceramic tiles, stone ceramics or porcelain products, the power of firing furnaces is more than 4 cubic meters and the density of sadki in firing furnaces is more than 300 kg/cubic meters. 4. Chemical industry: production within the value of the categories of activities referred to in this paragraph means the production of substances or groups of substances mentioned in subparagraphs a) - g) in industrial volumes by means of chemical processing: a) chemical installations for the production of the following basic organic chemicals; I) simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic); II) acid-containing hydrocarbons such as alcohols, aldehydes, ketones, carboxylic acids, esters, acetates, simple esters, oxides, epoxy smoles; III) sulfuric hydrocarbons; IV) nitrogenous hydrocarbons such as amines, amides, nitrogen compounds; V) phosphorus-containing hydrocarbons; VI) halogenated hydrocarbons; VII) organometallic compounds; VIII) basic plastic materials (polymers, synthetic fibers and fibers on the cellulose base); IX) synthetic rubber; x) paints and pigments; XI) surface-active substances; b) chemical installations for the production of basic inorganic substances such as: I) ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulfur compounds, nitrogen oxides, hydrogen, sulfur dioxide, carbon chlorokis; II) chromic acid, nitric acid, hydrogen chloride, sulfuric acid, Oleum, sulfuric acid; III) ammonium hydroxide, potassium hydroxide, sodium alkalis such as hydrocyanic acid; IV) salts such as ammonium chloride, potassium chloride, potassium carbon, sodium carbon dioxide, perborate, silver nitrogenous; V) non-metals, oxides of metals or other inorganic compounds such as calcium carbide, silicon, silicon carbide; C) chemical installations for the production of phosphorus, nitrogen or potassium mineral fertilizers (simple or complex fertilizers); d) chemical installations for the production of basic products for crop production and biocides; (e) Installations in which chemical or biological processes are used for the production of basic pharmaceutical products; (f) Chemical installations for the production of explosives; (g) Chemical installations in which chemical or biological processes are used for the production of protein feed mixtures, enzymes and other protein substances. 5. recycling and disposal of waste: - installations for incineration, recovery, chemical treatment or disposal of hazardous waste; - installations for the incineration of municipal waste with a capacity of more than 3 tons /hour; -installations for the disposal of non - hazardous waste with a capacity of more than 50 tons per day;-dump sites with a discharge of more than 10 tons per day, with the exception of inert waste, or with a total capacity of more than 25,000 tons. 6.installations for wastewater treatment with a capacity exceeding the equivalent of a population of 150,000 people. 7.industrial facilities for: a) pulp production of wood or similar fibrous materials; b) paper and cardboard production with a production capacity of more than 20 tons per day. 8.a) construction of long-distance railway lines and airports with a length of 2,100 m or more of the main runway; b) construction of highways and expressways; C) reconstruction and/or increase of former roads with two or less carriageways, so that a new road or reconstructed and/or expanded site is 10 km or more continuously long, in order to build new roads with four or more carriageways or create four or more carriageways. 9. a) inland waterways for inland navigation, allowing the passage of vessels with a water capacity of more than 1,350 t; b) commercial ports, berths for loading and unloading (with the exception of ferry crossing berths) associated with coastal and protruding ports, capable of receiving vessels with a water capacity of more than 1,350 t. 10. groundwater collection or annual collection or replenishment of water 10 million tons. systems of artificial replenishment of groundwater equal to or exceeding the cubic meter. 11. a) work on the transfer of water resources between river basins, in which case this replacement is aimed at preventing water shortages and the amount of water to be replaced is 1000 million tons per year. more than a cubic meter; in both cases, it is not allowed to replace the drinking water of the water supply. 12.production of oil and natural gas for commercial purposes, in which case the amount obtained exceeds 5,000 tons per day in the case of oil and 500,000 cubic meters in the case of gas. 13.the amount of fresh or additional water retained or stored is 10 million. dams or other objects intended for the maintenance or constant storage of water exceeding cubic meters. 14.pipelines for the transport of gas, oil or chemicals with a diameter of more than 8000 mm and a length of more than 40 km. 15.for intensive breeding of birds or pigs: A) from 40,000 for birds; b) from 2,000 places for fattening pigs (weighing more than 30 kg); C) units designed for more than 750 for female pigs. 16. Quarries and open extraction of minerals from the surface of a site with an area of more than 25 hectares or peat extraction from the surface of a site with an area of more than 150 hectares. 17.construction of overhead power transmission lines with a voltage of 2220 KV or a length of more than 15 km. 18.installations with a capacity of 200,000 tons or more for the storage of petroleum, petrochemical or chemical products. 19. other types of activities: - installations for pre-processing (such as washing, bleaching, mercerization) or for dyeing fiber or textiles, the volume of processed materials per day exceeds 10 tons; -leather and leather tanning facilities with a processing capacity of more than 12 tons per day; a) slaughterhouses with a processing capacity of more than 50 tons per day; b) processing and processing for the production of food products from: i) Animal raw materials with a production capacity of more than 75 tons per day for the production of finished products (except milk);

Note: 1) nuclear power plants and other nuclear reactors cease to be such installations when all nuclear fuel or other radioactive polluting elements are finally exported from the industrial site of the installation. 2) for the purposes of this convention, "airport" means an airport that meets the definition (Annex 14) that establishes the International Civil Aviation Organization, contained in the content of the Chicago Convention of 1944. ( 3) for the purposes of this convention, "Expressway" means a road that meets the definition set out in the European agreement on international highways on November 15, 1975.

Appendix II

Arbitration

1.in case of submission of a dispute to arbitration proceedings in accordance with paragraph 2 of Article 16 of this convention, the party or parties shall be notified by the secretariat of the subject of arbitration proceedings and, in particular, shall indicate the articles of this convention, the interpretation or application of which caused the dispute. The secretariat shall transmit the information obtained in this way to all parties to this convention. 2.The Arbitration Court consists of three members. Both the plaintiff-party or plaintiff-parties participating in the dispute, as well as the other party or other parties, are appointed by one arbitrator, so that the two arbitrators appointed by mutual agreement appoint a third arbitrator who acts as the chairman of the arbitration court. The latter may not be a citizen of one of the parties to the dispute and have their usual place of residence on the territory of one of these parties, may not be in service with them or be involved in this case in any quality. 3. If, two months after the appointment of the second arbitrator, the chairman of the arbitration court is not appointed, at the request of either party, the Executive Secretary of the European Economic Commission appoints him within the next two months. 4.if one of the parties to the dispute does not appoint an arbitrator within two months, the other party has the right to notify the Executive Secretary of the Economic Commission for Europe, who appoints the chairman of the arbitration court within the next two months. After his appointment, the chairman of the arbitration court requests the party not appointed by the arbitrator to do so within two months. If he does not do so within such a period, the President will notify the Executive Secretary of the Economic Commission for Europe, who will appoint this arbitrator within the next two months. 5.The Arbitration Court shall make its decision in accordance with international law and the provisions of this convention. 6.any arbitration court established in accordance with the provisions of this Annex shall develop its own rules of procedure. 7. Decisions of the Arbitration Court, both on procedural and substantive issues, are made by a majority vote of its members. 8. The court may take all appropriate measures to establish the facts. 9.the parties to the dispute shall assist in the work of the arbitration court and, in particular, using all means available to them: a) provide it with all relevant documents, contracts and information; b) provide the court with the opportunity, if necessary, to invite witnesses or experts and hear their answers. 10.stories of spores and members of the arbitration water relate to the confidentiality of information that is received by the IMI in the confidential order during the dissolution in the arbitration water. Warning. Paragraph 10 has no Kazakh translation.  11.the arbitration court May, at the request of one of the parties, recommend taking temporary protective measures. 12.if one of the parties does not appear in the arbitration court or does not participate in the consideration of its case, the other party may ask the court to continue the consideration of the case and make its final decision. The absence of one of the parties in court or the absence of one of the parties in the consideration of the case cannot serve as an obstacle to the consideration of the case. 13.the arbitration court may hear opposing claims arising directly from the nature of the dispute and make a decision on them. 14. Court costs, including payment for services rendered by members of the court based on the actual circumstances of the case, shall be paid by the parties to the dispute in equal installments, unless the arbitration court decides otherwise. The court records all its expenses and submits the final report on these expenses to the parties to the dispute. 15.any party to this convention that has a legal interest in the subject of the dispute and may be initiated by a decision on this case has the right to participate in the consideration of the case with the consent of the court. 16. The arbitration court makes its decision within five months after the date of its appointment, if only it does not consider it necessary to extend this period for a period of more than five months. 17.the decision of the arbitration court is accompanied by an explanation of the reasons. This decision is final and binding on all parties to the dispute. The arbitration court sends its decision to the parties to the dispute and to the secretariat. The secretariat shall transmit the information it receives to all parties to this convention. 18. Any dispute that may arise between the parties regarding the interpretation or execution of the court's decision may be submitted by either party to the arbitration court that issued this decision, or, if it is impossible to use the services of the latter, to another court created for this purpose in the same way as the former.

The Republic Of Kazakhstan

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases