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"fjl*^ COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 02. 06. 1998 COM(1998) 344 final Proposal for a Council Decision on the signature by the European Community of the UN/ECE Coavention on access to information, public participation and access to justice in environmental matters (presented by the Commission) Proposal for a Council Decision on the signature by the European Community of the UN/ECE Convention on access to information, public participation and access to justice in environmental matters Explanatory memorandum The 1995 Sofia Ministerial Conference ("Environment for Europe" process), with the active participation of all Member States and the Commission, endorsed Guidelines on access to environmental information and public participation in environmental decision-making, in line with Principle 10 of the Rio Declaration according to which environmental issues are best handled with the participation of all concerned citizens, notably through appropriate access to information held by public authorities and opportunities to participate in decision-making. Enhanced public access to information and increased public participation in decision making are actually recognised as essential tools for improving public awareness and encouraging a better implementation of environmental legislation, supporting accordingly environmental policies and their effectiveness. As a result of a political commitment taken in Sofia, negotiations have been initiated in the framework of the United Nations Economic Commission for Europe (UN/ECE) for turning these guidelines into a legally binding instrument, that would reinforce the importance to be attached to these matters and ensure an effective implementation through an international instrument of legal nature. Negotiations started in June 1996, on the basis of "draft elements" prepared by the UN/ECE Secretariat, and ended up in March 1998 with a text agreed by consensus. It is worth noting that Non-Governmental Organisations, whose specific and decisive role was recognised in the Sofia Guidelines, have been participating actively in these negotiations as observers, alongside all other delegations and actually playing a very active role in the process. -Drawing on the Guidelines and broadening them, the Convention basically aims at contributing to "the protection of the right of every person of present and future generations to live in an environment adequate to his or her health and well being" and consists of three main and complementary parts dealing with access to information held by public authorities, public participation in decision-making having a significant effect on the environment and access to justice. The Convention will be open for signature at the Aarhus Ministerial Conference to take place in June 1998. The Commission initially participated in the negotiating process as an observer and, following the adoption in December 1997 of Council conclusions authorising the Community to participate in the negotiations, represented the Community on matters of Community competence (i. e on access to environmental information and public ti participation in specific activities) at the last three negotiating sessions. The participation of the Community as such was actually of particular relevance in matters that are recognised of significant importance in the Community environmental protection policy, as already highlighted in the 4th Community Environment Action Plan and reiterated in the 5th one. The importance to be given to public awareness and participation in decision-making was also recently outlined in the. Commission implementation of Community Communication of October 1996 on environmental law. In this context, there is a set of Community Directives, among which the most essential are Directive 90/313/EEC on access to environmental information as well as two Directives providing for a public participation procedure, e. g Directive 85/337/EEC on environmental impact assessment (EIA) and Directive 96/61/EC concerning integrated pollution prevention and control (IPPC). As a result of this existing EC legislation and the policy orientation underlying it as well as the need to extend and further develop such an "acquis" in the UN/ECE region, the Community had a strong interest in participating in these negotiations. In relation with Community legislation, it was also important to ensure that the draft convention was fully consistent with existing Directives, which was actually all the more important that a large part of the Convention was built upon the EU legislation. the As far as access to environmental information is concerned, the Convention provides for detailed rights and obligations, notably with respect to time-frames for granting the information, limited grounds for public authorities to refuse access to certain types of information as well as active duties to be performed by public authorities so as to ensure a wide dissemination of environmental information of general nature. This actually to environmental information the review of which is due to be initiated soon. improves and complements Directive 90/313/EEC on access With respect to public participation in decision-making, the Convention provides for a comprehensive public participation procedure for decisions on specific activities having a significant effect on the environment whereby the public is informed and has opportunities to participate in all stages of the procedure and where, eventually, the outcome of this public participation is to be duly taken into account in the final decision. This regime was largely inspired by the existing EU legislation insofar the public participation procedure presently in the EIA and the IPPC Directives have been merged into one, the scope of this procedure being merely an addition of the respective scopes of these two Directives. In addition, the Convention also provides for a lighter procedure allowing for a certain degree of public participation concerning plans, programmes and policies related to the environment as well as a language of recommendatory nature for the preparation of executive regulations and/or generally applicable legally binding instruments. Finally, on access to justice, the Convention contains a number of provisions ensuring that, in the framework of national law, the public may have appropriate access to justice for alleged impairment to its rights on access to information. Similarly, the public concerned, in case of alleged violation to the public participation procedure provided for in the Convention, should have appropriate access to justice. In addition and under the conditions laid down in national law, the convention provides for access iu to justice to challenge acts and omissions by private persons and public authorities which contravene provisions of national environmental law. It should also be mentioned that an additional element strongly motivates the signature of the Convention by the Community insofar as the Convention covers Community institutions, being mentioned in the definition of "public authorities", alongside national, regional and local public authorities. This would actually constitute the very first application of an international convention to Community institutions as such. In this respect, and in order to point out the need to consider and to take into account the particularities of the Community institutional system and its legal order in the perspective of the Community conclusion, a draft declaration to be issued by the Community when signing is attached to the present proposal for signature. Actually, between the signature and the conclusion, the Commission, together with other Community institutions concerned, will proceed to a careful assessment of the three pillars of the Convention in connection with the Community institutional system and will consequently consider whether any reservation or interpretative declaration will be necessary when ratifying the Convention for the purpose of its application to Community institutions. As a result of the above considerations, the Community should accordingly sign the Convention. (v/ Proposal for a Council Decision on the signature by the European Community of the UN/ECE Convention on access to information, public participation and access to justice in environmental matters THE COUNCIL OF THE EUROPEAN UNION Having regard to the Treaty establishing the European Community, Having regard to the proposal of the Commission, Whereas the 1995 Sofia Ministerial "Environment for Europe" Conference adopted the Sofia Guidelines on access to environmental information and public participation in environmental decision-making and agreed to in the framework of the United Nations Economic Commission for Europe for turning these guidelines into a legally binding instrument, initiate negotiations Whereas the Commission, on behalf of the Community and in accordance with the negotiating directives set out in the Council i Conclusions of 4 December 1997, participated, in these negotiations, Whereas access to environmental information, public participation in environmental decision-making are of particular relevance in the environmental protection policy, as recognised by the 5th Community Environment Action Plan and a number of EC Directives; thaMhey do constitute essential means to improve public awareness and ensure a better implementation of environmental legislation, Whereas negotiations have been finalised in March 98 and the Convention is due to be open for signature in June 1998 at the Aarhus "Environment for Europe" Ministerial Conference, Considering that it would be opportune for the Community to sign this Convention, subject to subsequent conclusion, DECIDES SOLE ARTICLE The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community, the Convention on access to information, public participation and access to justice in environmental matters, subject to subsequent conclusion, and to confer upon them the powers necessary for that purpose. The text of the convention is appended to this decision. Done in Brussels, By the Council, The President 01 DECLARATION OF THE EUROPEAN COMMUNITY REGARDING THE APPLICATION OF THE CONVENTION TO ITS INSTITUTIONS DRAFT The European Community wishes to express its great satisfaction with the present Convention as an essential step forward in further encouraging and supporting public awareness in the field of environment and better implementation of environmental legislation in the UN/ECE region, in accordance with the principle of sustainable development. Fully supporting the objectives pursued by the Convention and considering that the European Community itself is being actively involved in the protection of the environment through a comprehensive and evolving set of legislation, it was felt important not only to sign up to the Convention at Community level but also to cover its own institutions, alongside national public authorities. While accepting to be covered by the definition of public authorities, the Community declares that, having regard to the Community institutional system and its legal order, it will apply, as appropriate, the disposition of the Convention relating to institutions acting in a judicial or legislative capacity. Within the same above-mentioned institutional and legal context and given also the obligations of the Treaty of Amsterdam with respect to future legislation on transparency, the Community also declares that the Community institutions will apply the Convention within the framework of their existing and future rules on access to documents and other relevant rules of Community law in the field covered by the Convention. i > H UNITED NATIONS ÉÊÊÈ$b Economie and S ocial ^ ^P Council E Distr. GENERAL- -- ECE/CEP/43 21 April 1998 ORIGINAL : ENGLISH ECONOMIC COMMISSION FOR EUROPE COMMITTEE ON ENVIRONMENTAL POLICY Fourth Ministerial Conference "Environment for Europe", Aarhus, Denmark, 23-25 June 1998 CONVENTION ON ACCESS TO INFORMATION, PUBLIC PARTICIPATION IN DECISION-MAKING AND ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS */ The Parties to this Convention Recalling principle 1 of the Stockholm Declaration on the Human Environment, Recalling also principle 10 of the Rio Declaration on Environment and Development, i Recalling further General Assembly resolutions 37/7 of 28 October 1982 on the World Charter for Nature and 45/94 of 14 December 1990 on the need to ensure a healthy environment for the well-being of individuals, Recalling the European Charter on Environment and Health adopted at the First European Conference on Environment and Health of the World Health Organization in Frankfurt-am-Main, Germany, on 8 December 1989, V Final text endorsed by the Committee on Environmental Policy at its special session on 16-18 March 1998 for adoption at the Ministerial Conference "Environment for Europe". GE. 98-30998 ECE/CEP/43 page 2 Affirming the need to protect, preserve and improve the state of the environment and to ensure sustainable and environmentally sound development, Recognizing that adequate protection of the environment is essential to human well-being and the enjoyment of basic human rights, including the right to life itself, ,' ' Recognizing also that every person has the right to live in an environment adequate to his or her health and well-being, and the duty, both individually and in association with others, to. protect and improve the environment for the benefit of present and future generations, Considering that, to be able to assert this right and observe this duty, citizens must have access to information, be entitled to participate in decision-making and have access to justice in environmental matters, and acknowledging in this. regard that citizens may need assistance in order to exercise their rights, Recognizing that, in the field of the environment, improved access to information and public participation in decision-making enhance the quality and the implementation of decisions, contribute to public awareness of environmental issues, give the public the opportunity to express its concerns and enable public authorities to take due account of such concerns, Aiming thereby to further the accountability of and transparency in decision-making and to strengthen public support for decisions on the environment, Recognizing the desirability of transparency in all branches of government and inviting legislative bodies to implement the principles of this Convention in their proceedings, Recognizing also that the public needs to be aware of the procedures for participation in environmental decision-making, have free access to them and know how to use them, Recognizing further the importance of the respective roles that individual citizens, non-governmental organizations and the private sector can play in environmental protection, Desiring to promote environmental education to further the understanding of the environment and sustainable development and to encourage widespread public awareness of, and participation in, decisions affecting the environment and sustainable development, Noting , in this context, the importance of making use of the media and of electronic or other, future forms of communication, Recognizing the importance of fully integrating environmental considerations in governmental decision-making and the consequent need for public authorities to be in possession of accurate, comprehensive and up-to- date environmental information, 2. Acknowledging that public authorities hold environmental information in the public interest, Concerned that effective judicial mechanisms should be accessible to the ECE/CEP/4 3 page 3 public, including organizations, so that its legitimate interests are protected and the law is enforced,. " ' Noting the importance of adequate product-information being provided to consumers to enable them to make informed environmental choices, Recognizing the concern of the public about the deliberate release of genetically modified organisms into the environment and the need for increased transparency and greater public participation in decision-making in this field, Convinced that the implementation of this Convention will contribute to strengthening democracy in the region of the United Nations Economic Commission for Europe (ECE), Conscious of the role played in this respect by ECE and recalling, inter alia , the ECE Guidelines on Access to Environmental Information and Public Participation in Environmental Decision-making endorsed in the Ministerial Declaration adopted at the Third Ministerial Conference "Environment for Europe" in Sofia, Bulgaria, on 25 October 1995, Bearing in mind the relevant provisions in the Convention on Environmental Impact Assessment in a Transboundary Context, done at Espoo, Finland, on 25 February 1991, and the Convention on the Transboundary Effects of Industrial Accidents and the Convention on the Protection and Use of Transboundary Watercourses and International Lakes, both done at Helsinki on 17 March 1992, and other regional conventions, Conscious that the adoption of this Convention will have contributed to the further strengthening of the "Environment for Europe" process and to the results of the Fourth Ministerial Conference in Aarhus, 'Denmark, in June 1998, Have agreed as follows: Article 1 OBJECTIVE In order to contribute to the protection of the right of every person of present and future generations to live in an environment adéquate to his or her health and well-being, each Party shall guarantee the rights of access to information, public participation in decision-making, and access to justice in environmental matters in accordance with the provisions of this Convention. s. ECE/CEP/43 page 4 Article 2 DEFINITIONS For the purposes of this Convention, "Party" means, unless the text otherwise indicates, a Contracting Party 1. to this Convention; 2. "Public authority" means: (a) Government at national, regional and other level; (b) Natural or legal persons performing public administrative functions under national law, including specific duties, activities or services in relation to the environment; (c) Any other natural or legal persons having public responsibilities or functions, or providing public services, in relation to the environment, under the control of a body or person falling within subparagraphs (a) or (b) above; (d) The institutions of any regional economic integration organization referred to in article 17 which is a Party to this Convention. This definition does not include bodies or institutions acting in a judicial or legislative capacity; "Environmental information" means any information in written, visual, 3. aural, electronic or any other material form on: (a) The state of elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites, biological diversity and its components, including genetically modified organisms, and the interaction among these elements; (b) Factors, such as substances, energy, noise and radiation, and activities or measures, including administrative measures, environmental agreements, policies, legislation, plans and programmes, affecting or likely to affect the elements of the environment within the scope of subparagraph (a) above, and cost-benefit and other economic analyses and assumptions used in environmental decision-making; (c) The state of human health and safety, conditions of human life, cultural sites and built structures, inasmuch as they are or may be affected by the state of the elements of the environment or, through these elements, by the factors, activities or measures referred to in subparagraph (b) above; "The public" means one or more natural or legal persons, and, in 4. accordance with national legislation or practice, their associations, organizations or groups; \ 5. "The public concerned" means the public affected or likely to be affected by, or having an interest in, the environmental decision-making; for the purposes of this definition, non-governmental organizations promoting environmental protection and meeting any requirements under national law shall be deemed to have an interest. ECE/CEP/4 3 page 5 Article 3 GENERAL PROVISIONS 1. Each Party shall take the necessary legislative, regulatory and other measures, including measures to achieve compatibility between the provisions implementing the information, public participation and access-to-justice provisions in this Convention, as well as proper enforcement measures, to establish and maintain a clear, transparent and consistent framework to implement the provisions of this Convention. 2. Each Party shall endeavour to ensure that officials and authorities assist and provide guidance to the public in seeking access to information, in facilitating participation in decision-making and in seeking access to justice in environmental matters. 3. Each Party shall promote environmental education and environmental awareness among the public, especially on how to obtain access to information, to participate in decision-making and to obtain access to justice in environmental matters. Each Party shall provide for appropriate recognition of and support to 4. associations, organizations or groups promoting environmental protection and ensure that its national legal, system is consistent with this obligation. The provisions of this Convention shall not affect the right of a Party 5. to maintain or introduce measures providing for broader access to information, more extensive public participation in decision-making and wider access to justice in environmental matters than required by this Convention. This Convention shall not require any derogation from existing rights of 6. access to information, public participation in decision-making and access to justice in environmental matters. 7. Each Party shall promote the application of the principles of this Convention in international environmental decision-making processes and within the framework of international organizations in matters relating to the environment. Each Party shall ensure that persons exercising their rights in 8. conformity with the provisions of this Convention shall not be penalized, persecuted or harassed in any way for their involvement. This provision shall not affect the powers of national courts to award reasonable costs in judicial proceedings. 5 ECE/CEP/43 page 6 Within the scope of the relevant provisions of this Convention, the 9. public shall have access to information, have the possibility to participate in decision-making and have access to justice in environmental matters without discrimination as to citizenship, nationality or domicile and, in the case of a legal person, without, discrimination as to where it has its- registered seat or an effective centre of its activities. Article 4. ACCESS TO ENVIRONMENTAL INFORMATION Each Party shall ensure that, subject to the following paragraphs of 1. this article, public authorities, in response to a request for environmental information, make such information framework of national legislation, including, where requested and subject to subparagraph (b) below, copies of the actual documentation containing-or comprising such information:- available to the public , within the (a) Without an interest having to be stated; (b) In the form requested unless: (i) It is reasonable for the public authority to make it available in another form, in which case reasons shall be. given for making it available in that form; or (ii) The information is already publicly available in another form. , The environmental information referred to in paragraph 1 above shall be 2. made available as soon as possible and at the latest within one month after the request has been submitted, unless the volume and the complexity of the information justify an extension of this period up to two months after the request. The applicant shall be informed of any extension and of the reasons justifying it. 3. A request for environmental information may be refused if: (a) The public authority to which the request is addressed does not hold the environmental information requested; (b) The request is manifestly unreasonable or formulated in too general a manner; or (c) The request concerns material in the course of completion or concerns internal communications of public authorities where such an exemption is provided for in national law or customary practice, taking into account the public interest served by disclosure. A request for environmental information may be refused if the disclosure 4. would adversely affect: ECE/CEP/4 3 page 7 (a) The confidentiality of the proceedings of public authorities, where such confidentiality is provided for under national law; (b) International relations, national defence or public security; (c) The course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an enquiry of a criminal or disciplinary nature; (d) The confidentiality of commercial and industrial information, where. such confidentiality is protected by law in order to protect a legitimate economic interest. Within this framework, information on emissions which is relevant for the protection of the environment shall be disclosed; (e) Intellectual property rights; (f) The confidentiality of personal data and/or files relating to a natural person whefe«. that person has not consented to the disclosure of the information to the public, where such confidentiality is provided for in national law; (g) The interests of a third party which has supplied the information requested without that party being under or capable of being put under a legal obligation to do so, and where that party does not consent to the release of the material; or (h) The environment to which the information relates, such as the breeding sites of rare species. The aforementioned grounds for refusal shall be interpreted in a restrictive way, taking into account the public interest served by disclosure into account whether the information requested relates to emissions into the environment. and taking 5. Where a public authority does not hold the environmental information requested, this public authority shall, as promptly as possible, inform the applicant of the public authority to which it believes it is possible to apply for the information requested or transfer the request to that authority and inform the applicant accordingly. Each Party shall ensure that, if information exempted from disclosure 6. under paragraphs 3 (c) and 4 above can be'separated out without prejudice to the confidentiality of the information exempted, public authorities make available the remainder of the environmental information that has been requested. A refusal of a request shall be in writing if the request was in writing 7. or the applicant so requests. A refusal shall state the reasons for the refusal and give information on access to the review, procedure provided for in accordance with article 9. The refusal shall be made as soon as possible and at the latest within one month, unless the complexity of the information * ECE/CEP/43 page 8 justifies an extension of this period up to two months after the request. The applicant shall be informed of any extension and of the reasons justifying it, 8. Each Party may allow its public authorities to make a charge for supplying information, but such charge shall not exceed a reasonable amount. Public authorities intending to make such a charge for supplying information shall make available to applicants a schedule of charges which may be levied, indicating the circumstances in which they may be levied or waived and when the supply of information is conditional on the advance payment of such a charge. Article 5 COLLECTION AND DISSEMINATION OF ENVIRONMENTAL INFORMATION 1. Each Party shall ensure that: (a). Public authorities possess and update environmental information which is relevant to their functions; (b) Mandatory systems are established so that there is an adequate flow of information to public authorities about proposed and existing activities which may significantly affect the environment; (c) In the event of any imminent threat to human health or the environment, whether caused by human activities or due to natural causes, all information which could enable the public to take measures to prevent or mitigate harm arising from the threat and is held by a public authority is disseminated immediately and without delay to members of the public who may be affected. Each Party shall ensure that, within the framework of national 2. legislation, the way in which public authorities make environmental information available to the public is transparent and that environmental information is effectively accessible, inter alia, by: (a) Providing sufficient. information to the public about the type and scope of environmental information held by the relevant public authorities, the basic terms and conditions under which such information is made available and accessible, and the process by which it can be obtained; (b) Establishing and maintaining practical arrangements, such as: (i) Publicly accessible lists, registers or files; (ii) Requiring officials to support the public in seeking access to information under this Convention; and (iii) The identification of points of contact; and % ECE/CEP/4 3 page 9 (c) Providing access to the environmental information contained in lists, registers or files as referred to in subparagraph. (b) (i) above free of charge. Each Party shall ensure that environmental information progressively 3. becomes available in electronic databases which are easily accessible to the public through public telecommunications networks. Information accessible in this form should include: (a) paragraph 4 below; Reports on the state of the environment, as referred to in (b) Texts of legislation on or relating to the environment; (c) As appropriate, policies, plans and programmes on or relating to the environment, and environmental agreements; and (d) Other information, to the extent that the availability of such information in this form would facilitate the application of national law implementing this Convention, provided that such information is already available in electronic form. Each Party shall, at regular intervals not exceeding three or four 4. years, publish and disseminate a national report on the state of the environment, including information on the quality of the environment and information on pressures on the environment. Each Party shall take measures within the framework of its legislation 5. for the purpose of disseminating, inter alia : (a) Legislation and policy documents such as documents on strategies, policies, programmes and action plans relating to the environment, and progress reports on their implementation, prepared at various levels of government; (b) International treaties, conventions and agreements on environmental issues; and (c) as appropriate. Other significant international documents on environmental issues, Each Party shall encourage operators whose activities have a significant 6. impact on the environment to inform the public regularly of the environmental impact of their activities and products, where appropriate within. the framework of voluntary eco-labelling or eco-auditing schemes or by other means. ECE/CEP/43 page 10 7. Each Party shall: (a) Publish the facts and analyses of facts which it considers relevant and important in framing major environmental policy proposals; (b) Publish, or otherwise make accessible, available explanatory material on its dealings with the public in matters falling within the scope of this Convention; and (c) Provide in an appropriate form information on the performance of public functions~or the provision of public services relating to the environment by government at all levels. Each Party shall develop mechanisms with a view to ensuring that 8. sufficient product information is made available to the public in a manner which enables consumers to make informed environmental choices. Each Party shall take steps to establish progressively, taking into 9. account international processes where appropriate, a coherent, nationwide system of pollution inventories or registers on a structured, computerized and publicly accessible database compiled through standardized reporting. system may include inputs, releases. and transfers of a specified range of substances and products, including water, energy and resource use, from a specified range of activities to environmental media and to on-site and off- site treatment and disposal sites. Such Nothing in this article may prejudice the right of Parties to refuse to 10. disclose certain environmental information in accordance with article 4, paragraphs 3 and 4. Article 6 PUBLIC PARTICIPATION IN DECISIONS ON SPECIFIC ACTIVITIES 1. Each Party: (a) Shall apply the provisions of this article with respect to decisions on whether to permit proposed activities listed in annex I; (b) Shall, in accordance with its national law, also apply the provisions of this article to decisions on proposed activities not listed in annex I which may have a significant effect on the environment. To this end, Parties shall determine whether such a proposed activity is subject to these provisions; and (c) May decide, on a case-by-case basis if so provided under national law, not to apply the provisions of this article to proposed activities serving national defence purposes, if that Party deems that such application would have an adverse effect on these purposes. /O ECE/CEP/4 3 page 11 The public concerned shall be informed, either by public notice or 2. individually as appropriate, early in an environmental decision-making procedure, and in an adequate, timely and effective manner, inter alia, of: (a) be taken; The proposed activity and the application on which a decision will (b) The nature of possible decisions or the draft decision; (c) The public authority responsible for making the decision; (d) can be provided: The envisaged procedure, including, as and when this information - (i) The commencement of the procedure; (ii) The opportunities for the public to participate; (iii) The time and venue of any envisaged public hearing; (iv) (v) An indication of the public authority from which relevant information can be obtained and where the relevant information has been deposited for examination by the public; An indication of the relevant public authority or any other official body to which comments or' questions can be submitted and of the time schedule for transmittal of comments or questions; and (vi) An indication of what environmental information relevant to the proposed activity is available; and (e) The fact that the' activity is subject to a national or transboundary environmental impact assessment procedure. 3. The public participation procedures shall include' reasonable time-frames for the different phases, allowing sufficient time for informing the public in accordance with paragraph 2 above and for the-public to prepare and participate effectively during the environmental decision-making. Each Party shall provide for early public participation, when all 4. options are open and effective public participation can take place. Each Party should, where appropriate, encourage prospective applicants 5. to identify the public concerned, to enter into discussions, and to provide information regarding the objectives of their application before applying for a permit. Each Party shall require the competent public authorities to give the 6. public concerned access for examination, upon request where so required under to all national law , free of charge and as soon as it becomes available, ECE/CEP/43 page 12 information relevant to the decision-making referred to in this article that is available at the time of the public participation procedure, without prejudice to the right of Parties to refuse to disclose certain information in accordance with article 4, paragraphs 3 and 4. 7The relevant information shall include at least, and without prejudice to the provisions of article 4: (a) A description of the site and the physical arid technical characteristics of the proposed activity, including an estimate of the expected residues and emissions; (b) A description of the significant effects of the proposed activity on the environment; (c) A description of the measures envisaged to prevent and/or reduce the effects, including emissions; (d) A non-technical summary of the above; (e) An outline of the main alternatives studied by the applicant ; and (f) In accordance with national legislation, the main reports and advice issued to the public authority at the time when the public concerned shall be informed in accordance with paragraph 2 above. Procedures for. public participation shall allow the public to submit, in 7. writing or, as appropriate, at a public hearing or inquiry with the applicant any comments, information, analyses or opinions that it considers relevant to the proposed activity. Each Party shall ensure that in the decision due account is taken of the 8. outcome of the public participation. Each Party shall ensure that, when the decision has been taken by the 9. public authority, the public is promptly informed of the decision in accordance with the appropriate procedures. Each Party shall make accessible to the public the text of the decision along with the reasons and considerations on which the decision is based. - Each Party shall ensure that, when a public authority reconsiders or 10. updates the operating conditions for an activity referred to in paragraph 1, the provisions of paragraphs ,2 to 9 of this article are applied mutatis mutandis , and where appropriate. 11. Each Party shall, within the framework of its national law, apply, to the extent feasible and appropriate, provisions of this article to decisions on whether to permit the deliberate release of genetically modified organisms into the environment. IV ECE/CEP/4 3 page 13 A r t i c le 7 PUBLIC PARTICIPATION CONCERNING PLANS, PROGRAMMES AND POLICIES RELATING TO THE ENVIRONMENT Each Party shall make appropriate practical and/or other provisions for the public to participate during the preparation of plans and programmes relating to the environment, within a transparent and fair framework, having provided the necessary information to the public. Within this framework, article 6, paragraphs 3, 4 and 8, shall be applied. The public which may participate shall be identified by the relevant public authority, taking into account the objectives of this Convention. To the extent appropriate, each Party shall endeavour to provide opportunities for public participation in the preparation of policies relating to the environment. Article 8 PUBLIC PARTICIPATION DURING THE PREPARATION OF EXECUTIVE REGULATIONS AND/OR GENERALLY APPLICABLE LEGALLY BINDING NORMATIVE INSTRUMENTS. Each Party shall strive to promote effective public participation at an appropriate stage, and while options are still open, during the preparation by public authorities of executive regulations and other generally applicable legally binding rules that may have a significant effect on the environment. To this end, the following steps should be taken: (a) Time-frames sufficient for effective participation should be fixed; (b) Draft rules should be published or otherwise made publicly available; and (c) The public should be given the opportunity to comment, directly or through representative consultative bodies. The result of the public participation shall be taken into account as far as possible. Article 9 ACCESS TO JUSTICE Each Party shall, within the framework of its national legislation, 1. ensure that any person who considers that his or her request for information under article 4. has been ignored, wrongfully refused, whether in part or %n full, inadequately answered, or otherwise not dealt with in accordance with the provisions of that article, has access to a review procedure before a court of law or another independent and impartial body established by law. il ECE/CEP/43 page 14 In the circumstances where a Party provides for such a review by a court of law, it shall ensure that such a person also has access to an expeditious procedure established by law that is free of charge or inexpensive for reconsideration by a public authority or review by an independent and impartial body other than a court of law. Final decisions under this paragraph 1'shall be binding on the public authority holding the. information. Reasons shall be stated in writing, at least where access to information is refused under this paragraph. Each Party shall, within the framework of its national legislation, 2. ensure that members of the public concerned (a) Having a sufficient interest or, alternatively, (b) Maintaining impairment of a right, where the administrative procedural law of a Party requires this as a precondition, have access to a review procedure before a court of law and/or another independent and impartial body established by law, to -challenge the substantive and procedural legality of any decision, act or omission subject to the provisions of article 6 and, where so provided for under national law and without prejudice to paragraph 3 below, of other relevant provisions of this Convention. What constitutes a sufficient interest and impairment of a right shall be determined in accordance v/ith the requirements of national law and consistently with the objective of giving the public concerned wide access to justice within the scope of this Convention. To this end, the interest of any non-governmental organization meeting the requirements referred to in article 2, paragraph 5, shall be deemed sufficient for the purpose of subparagraph (a) above. Such organizations shall also be deemed to have rights capable of being impaired for the purpose of subparagraph (b) above. The provisions of this paragraph 2 shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law. 3. In addition and without prejudice to the review procedures referred to • in paragraphs 1 and 2 above, each Party shall ensure that, where they meet the. criteria, if any, laid down in its national law, members of the public have access to administrative or judicial procedures to challenge acts and • omissions by private persons and public authorities which contravene provisions of its national law relating to the environment. In addition and without prejudice to paragraph 1 above, the procedures 4. referred to in paragraphs 1, 2 and 3 above shall provide adequate and effective remedies, including injunctive relief as appropriate, and be fair, ! < *• ECE/CEP/4 3 page 15 equitable, timely and not prohibitively expensive. Decisions under this article shall be given or recorded in writing. Decisions of courts, and whenever possible of other bodies, shall be publicly accessible. In order to further the effectiveness of the provisions" of this article, 5. each Party shall ensure that information is provided to the public on access to administrative and judicial review procedures and shall consider the establishment of appropriate assistance mechanisms to remove or reduce financial and other barriers to access to justice. Article 10 MEETING OF THE PARTIES The first meeting of the Parties shall be convened no later than one 1. year after the date of the entry into force of this Convention. Thereafter, an ordinary meeting of the Parties shall be held at least once every two years, unless otherwise decided by the Parties, or at the written request of any Party, provided that, within six months of the request being communicated to all Parties by the Executive Secretary of the Economic Commission for Europe, the said request is supported by at least one third of the Parties. At their meetings, the Parties shall keep under continuous review the 2. implementation of this Convention on the basis of regular reporting by the Parties, and, with this purpose in mind, shall: • (a) Review the policies for and legal and methodological approaches to access to information, public participation in decision-making and access to justice in environmental matters, with a view to further improving them; (b) Exchange information regarding experience gained in concluding and implementing bilateral and multilateral agreements or other arrangements having relevance to the purposes of this Convention and to which one or more of the Parties are a party; (c) Seek, where appropriate, the services of relevant ECE bodies and other competent international bodies and specific committees in all aspects pertinent to the achievement of the purposes of this Convention; (d) Establish any subsidiary bodies as they deem necessary; (e) Prepare, where appropriate, protocols to this Convention; (f) Consider and adopt proposals for amendments to this Convention in accordance with the provisions of article 14; (g) Consider and undertake any additional action that may be required for the achievement of the purposes of this Convention; (h) At their first meeting, consider and by consensus adopt rules of procedure for their meetings and the meetings of subsidiary bodies; /* ECE/CEP/43 page 16 (i) At their first meeting, review their experience in implementing the provisions of article 5, paragraph 9, and consider what steps are necessary to develop further the system referred to in that paragraph, taking into account international processes and developments, including the elaboration of an appropriate instrument concerning pollution. -release and transfer registers or inventories which could be annexed to this-Convention. , The Meeting of the Parties may, as necessary, consider establishing 3. financial arrangements on a consensus basis. The United Nations, its specialized agencies and the International 4. Atomic Energy Agency, as v/ell as any State or regional economic integration organization entitled under article 17 to sign this Convention but which' is not a Party to this Convention, and any intergovernmental organization - qualified in the fields to which this Convention relates, shall be entitled to participate as observers in the meetings of the Parties. 5. Any non-governmental organization, qualified in the fields to which this Convention relates, which has informed the Executive Secretary of the Economic Commission for Europe of its wish to be represented at a meeting of the Parties shall be entitled to participate as an observer unless at least one third of the Parties present in the meeting raise objections. For the purposes of paragraphs 4 and 5 above, the rules of procedure 6. referred to in paragraph 2 (h) above shall provide for practical arrangements for the admittance procedure and other relevant terms. Article 11 RIGHT TO VOTE Except as provided for in paragraph 2 below, each Party to this 1. Convention shall have one vote. Regional economic integration organizations, in matters within their 2. competence, shall exercise their right to vote with a number of votes equal to the number of their member States which are Parties to this Convention. Such organizations shall not exercise their right to vote if their member States exercise theirs, and vice versa. Article 12 SECRETARIAT The Executive Secretary of the Economic Commission for Europe shall carry out the following secretariat functions: (a) The convening and preparing of meetings of the Parties; U (b) The transmission to the Parties of reports and other information received in accordance with the provisions of this Convention; and (c) Such other functions as may be determined by the Parties. ECE/CEP/4. 3 page 17 Article,13 ANNEXES The annexes to this Convention shall constitute an integral part thereof. Article 14 AMENDMENTS TO THE CONVENTION 1. Any Party may propose amendments to this Convention. The text of any proposed amendment to this Convention shall be submitted 2. in writing to the Executive Secretary of the Economic Commission for Europe, who shall communicate, it to all Parties at least ninety days before the meeting of the Parties at which it is proposed for adoption. The Parties shall make every effort to reach agreement on any proposed 3. amendment to this Convention by consensus. If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted by a three-fourths majority vote of the Parties present and voting at the meeting. Amendments to this Convention adopted in accordance with paragraph 3 4. above shall be communicated by the Depositary to all Parties for ratification, approval or acceptance. Amendments to this Convention other than those to an annex shall enter into force for Parties having ratified, approved or accepted them on the ninetieth day after the receipt by the Depositary of notification of their ratification, approval or acceptance by at least three fourths of these Parties. Thereafter they shall enter into force for any other Party on the ninetieth day after that Party deposits its instrument of ratification, approval or acceptance of the amendments. Any Party that is unable to approve an amendment to an annex to this 5. Convention shall so notify the Depositary in writing within twelve months from the date of the communication of the adoption. The Depositary shall without delay notify all Parties of any such notification received. A Party may at any time substitute an acceptance for its previous notification and, upon deposit of an instrument of acceptance with the Depositary, the amendments to such an annex shall become effective for that Party. 6. On the expiry of twelve months from" the date of its communication by the Depositary as provided for in paragraph 4 above an amendment to an annex shall become effective for those Parties which have not submitted a notification to \Y ECE/CEP/43 page 18 the Depositary in accordance with the provisions of paragraph 5 above, provided that not more than one third of the Parties have submitted such a notification. For the purposes of this article, "Parties present and'voting" means 7. Parties present and casting an affirmative or negative vote. Article 15 REVIEW OF COMPLIANCE The Meeting of the Parties shall establish, on a consensus basis, optional arrangements of a non-confrontational, non-judicial and consultative nature for reviewing compliance with the provisions of this Convention. These arrangements shall allow for appropriate. public involvement and may include the option of considering communications from members of the public on matters related to this Convention. Article 16 SETTLEMENT OF DISPUTES If a dispute arises between two or more Parties about the interpretation 1. or application of this Convention, they shall seek a solution by negotiation or by any other means of dispute settlement acceptable to the parties to the dispute. When signing, ratifying, accepting, approving or acceding to this 2. Convention, or at any time thereafter, a Party may declare in writing to the Depositary that, for a dispute not resolved in accordance with paragraph 1 above, it accepts one or both of the following means of dispute settlement as compulsory in relation to any Party accepting the same obligation: (a) Submission of the dispute to the International Court of Justice; (b) ' Arbitration in accordance with the procedure set out in annex II. If the parties to the dispute have accepted both means of dispute 3. settlement referred to in paragraph 2 above, the dispute may be submitted only to the International Court of Justice, unless the parties agree otherwise. IS ECE/CEP/4 3 page 19 Article 17 SIGNATURE This Convention shall be open for signature at Aarhus (Denmark) on 25 June 1998, and thereafter at United Nations Headquarters. in New York until 21 December 199"8, by States members of the Economic Commission for Europe as well as States having consultative status with the Economic Commission for Europe pursuant to paragraphs 8 and 11 of Economic and Social Council resolution 36 (IV) of 28 March 1947, and by regional economic integration organizations constituted by sovereign States members of the Economic Commission for Europe to which their member States have transferred competence over matters governed by this Convention, including the competence to enter into treaties in respect of these matters. Article 18 DEPOSITARY The Secretary-General of the United Nations shall act. as the Depositary of this Convention. Article 19 RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION This Convention shall be subject to ratification, acceptance or approval 1. by signatory States and regional economic integration organizations. This-Convention shall be open for accession as from 22 December 1998 by 2. the States and regional economic integration organizations referred to in article 17. Any other State, not referred to in paragraph 2 above, that is a Member 3. of the United Nations may accede to the Convention upon approval by the Meeting of the Parties. Any organization referred to in article 17 which becomes a Party to this 4. Convention without any of its member States being a Party shall be bound by all the obligations under this Convention. If one or more of such an organization's member States is a Party to this Convention, the organization and its member States shall decide on their respective responsibilities for the performance of their obligations under this Convention. In such cases, the organization and the member States shall not be entitled to exercise rights under this Convention concurrently. In their instruments of ratification, acceptance, approval or accession, 5. the'regional economic integration organizations referred to in article 17 shall declare the extent of their competence with respect to the matters '3 ECE/CEP/43 page 20 governed by this Convention. These organizations shall also inform the Depositary of any substantial modification to the extent of their competence, Article 20 ENTRY INTO FORCE This Convention shall enter into force on the ninetieth day after the 1. date of deposit of the sixteenth instrument of ratification, acceptance, approval or accession. For the purposes of paragraph 1 above, any instrument deposited by a 2. regional economic integration organization shall not be counted as additional to those deposited by States members of such an organization. For each State or organization referred to in article 17 which ratifies, 3. accepts or approves this Convention or accedes thereto after the deposit of the sixteenth instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the ninetieth day after the date of deposit by. such State or organization of its instrument of ratification, acceptance, approval or accession. Article 21 WITHDRAWAL At any time after three years from the date on which this Convention has come into force with respect to a Party, that Party may withdraw from the Convention by giving written notification to the Depositary. Any such withdrawal shall take effect on the ninetieth day after the date of its receipt by the Depositary. Article 22 AUTHENTIC TEXTS The original of this Convention, of which the English, French and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Convention. DONE at Aarhus (Denmark), this twenty-fifth day of June, one thousand nine hundred and ninety-eight. I* ECE/CEP/4 3 page 21 Annex I Annex I LIST OF ACTIVITIES REFERRED TO IN ARTICLE 6, PARAGRAPH 1 (a) Energy sector: Mineral oil and gas refineries; Installations for gasification and liquefaction; Thermal power stations and other combustion installations with a heat input of 50 megawatts (MW)or more; Coke ovens; Nuclear power stations and other nuclear reactors including the dismantling or decommissioning of such power stations or reactors 1/ (except research installations for the production and conversion of fissionable and fertile materials whose maximum power does not exceed 1 kW continuous thermal load); Installations for the reprocessing of irradiated nuclear fuel; Installations designed: For the production or enrichment of nuclear fuel; For the processing of irradiated nuclear fuel or high-level radioactive waste; For the final disposal of irradiated nuclear fuel; Solely for the final disposal of radioactive waste; Solely for the storage (planned for more than 10 years) of irradiated nuclear fuels or radioactive waste in a different site than the production site. Production and processing of metals: Metal ore (including sulphide ore) roasting or sintering installations; Installations for the production of pig-iron or steel (primary or secondary fusion), including continuous casting, with a capacity exceeding 2. 5 tons per hour; Installations for the processing of ferrous metals: (i) Hot-rolling mills with a capacity exceeding 20 tons of crude steel per hour; (ii) Smitheries with hammers the energy of which exceeds 50 kilojoules per hammer, where the calorific power used exceeds 20 MW; (iii) Application of protective fused metal coats with an input exceeding 2 tons of crude steel per hour; Ferrous metal foundries with a production capacity exceeding 20 tons per day; Z\ ECE/CEP/43 page 22 Annex I Installations: (i) For the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by. metallurgical, chemical or electrolytic processes; (ii) For the smelting, including the alloying, of non-ferrous metals, including recovered products (refining, foundry casting, etc. ), with a melting capacity exceeding 4 tons per day for lead and cadmium or 20 tons per day for all other metals; Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process where the volume of the treatment vats exceeds 30 m 3. 3. Mineral industry: Installations for the production of cement clinker in rotary kilns with a production capacity exceeding 500 tons per day or lime in rotary kilns with a production capacity exceeding 50 tons per day or in other furnaces with a production capacity exceeding 50 tons per day; Installations for the production of asbestos and the manufacture of asbestos-based products'; Installations for the manufacture of glass including glass fibre with a melting capacity exceeding 20 tons per day; Installations for melting mineral substances including the production of mineral fibres with a melting capacity exceeding 20 tons per day; Installations for the manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tons per day, and/or with a kiln capacity exceeding 4 setting density per kiln exceeding 300 kg/ m3. m3 and with a 4. Chemical industry: Production within the meaning of the categories of activities contained in this paragraph means the production on an industrial scale by chemical processing of substances or groups of substances listed in subparagraphs (a) to (g) : (a) Chemical installations for the production of basic organic chemicals, such as: (i) (ii) - (iii) (iv) Simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic); Oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones, carboxylic acids, esters, acetates, ethers, peroxides, epoxy resins; Sulphurous hydrocarbons; Nitrogenous hydrocarbons such as amines, amides, nitrous compounds, nitro compounds or nitrate compounds, nitriies, cyanates, isocyanates; VL ECE/CEP/4 3 page 23 Annex I (v) (vi) (vii) (viii) (ix) (x) (xi) Phosphorus-containing hydrocarbons; Halogenic hydrocarbons; Organometallic compounds; Basic plastic materials (polymers, synthetic fibres and cellulose-based fibres); Synthetic rubbers; Dyes and pigments; Surface-active agents and surfactants; (b) Chemical installations for the production of basic inorganic chemicals, such as: (i) Gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide, carbonyl chloride; (ii) Acids, such as chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, oleum, sulphurous acids; (iii) Bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide; >(iv) Salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate; Non-metals, metal oxides or other inorganic compounds such as calcium carbide, silicon, silicon carbide; (v) (c) Chemical installations for the production of phosphorous-, nitrogen- or potassium-based fertilizers (simple or compound fertilizers) ; (d) Chemical installations for the production of basic plant health products and of biocides; ' (e) Installations using a chemical or biological process for the production of basic pharmaceutical products; (f) Chemical installations for the production of explosives; (g) Chemical installations in which chemical or biological processing is used for the production of protein feed additives, ferments and other protein substances. •5. Waste management: Installations for the incineration, recovery, chemical treatment or landfill of hazardous waste; Installations for the incineration of municipal waste with a capacity exceeding 3 tons per hour; Installations for the disposal of non-hazardous waste with a capacity exceeding 50 tons per day; n 1 ECE/CEP/43 page 24 Annex I Landfills receiving more than 10 tons per day or with a total capacity exceeding 25 000 tons, excluding landfills of inert waste. Waste-water treatment plants with a capacity exceeding 150 000 6. population equivalent. 7. Industrial plants for the: (a) Production of pulp from timber or similar fibrous materials; (b) 20 tons per day. Production of paper and board with a production capacity exceeding' 8. (a) airports 2/ with a basic runway length of 2 100 m or more; Construction of lines for long-distance railway traffic and of (b) Construction of motorways and express roads; 3/ (c) Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road, or realigned and/or widened section of road, would be 10 km "or more in a continuous length. 9. permit the passage of vessels of over 1 350 tons; Inland waterways and ports for inland-waterway traffic which (a) (b) Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1 350 tons. 10. Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million cubic metres. (a) Works for the transfer of water resources between river basins 11. where this transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres/year; (b) In all other cases,. works for the transfer of water resources between river basins where the multiannual average flow of the basin of abstraction exceeds 2 000 million cubic metres/year and where the amount of water transferred exceeds 5% of this flow. In both cases transfers of piped drinking water are excluded. Extraction of petroleum and natural gas for commercial purposes where 12. the amount extracted exceeds 500 tons/day in the case of petroleum and 500 000 cubic metres/day in the case of gas. 2v ECE/CEP/4 3 page 25 Annex I Dams and other installations designed for the holding back or permanent 13. storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres. % Pipelines for the transport of gas, oil or chemicals with a diameter of 14. more than 800 mm and a length of more than 40 km. 15. Installations for the intensive r earing of poultry or pigs with more than: (a) 40 000 places for poultry; (b) 2 000 places for production pigs (over 30 kg) ; or (c) 750 places for sows. - 16. Quarries and opencast mining where the surface of the site exceeds 2 hectares, or peat extraction, where the surface of the site exceeds 15 hectares. Construction of overhead electrical power lines with a voltage of 220 k 17. or more and a length of more than 15 km. 5 0 V 18. Installations for the storage of petroleum, petrochemical, or cheraica products with a capacity of 200 000 tons or more. 1 19. Other activities: Plants for the pretreatment (operations such as washing, bleaching, mercerization) or dyeing of fibres or textiles where the treatment capacity exceeds 10 tons per day; Plants for the tanning of hides and skins where the treatment capacity exceeds 12 tons of finished products per day; (a) Slaughterhouses with a carcass production capacity greater than 50 tons per day; (b) Treatment and processing intended for the production of food products from: (i) Animal raw materials (other than milk) with a finished product production capacity greater than ,75 tons per day; (ii) Vegetable raw materials with a finished product production capacity greater than 300 tons per day (average value on a quarterly basis); (c) Treatment and processing of milk, the quantity of milk received being greater than 200 tons per day (average value on an annual basis); 25 ECE/CEP/43 page 26 Annex I Installations for the disposal or recycling of animal carcasses and animal waste with a treatment capacity exceeding 10 tons per day; v Installations for the surface treatment of substances, objects or products using organic solvents, in particular for "dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, with a consumption capacity of more than 150 kg per hour or more than 200 tons per year; Installations for the production of carbon (hard-burnt coal) or electrographite by means of incineration or graphitization. Any activity not covered by paragraphs 1-19 above where public 20. participation is provided for under an environmental impact assessment procedure in accordance with national legislation. The provision of article 6, paragraph 1 (a) of this Convention, does not 21. apply to any of the above projects undertaken exclusively or mainly for research, development and testing of new methods or products for less than two years unless they would be likely to cause a significant adverse effect on environment or health. Any change to or extension of activities, where such a change or 22. extension in itself meets the criteria/thresholds set out in this annex, shall be subject to article 6, paragraph 1 (a) of this Convention. Any other change or extension of activities shall be subject to article 6, paragraph 1 (b) of this Convention. Notes 1/ Nuclear power stations and other nuclear reactors cease to be such an installation when all nuclear fuel and other radioactively contaminated elements have been removed permanently from the installation site. 2/ For the purposes of this Convention, "airport" means an airport which complies with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organization (Annex 14). 3/ For the purposes of this Convention, "express road" means a road which complies with the definition in the European Agreement on Main International Traffic Arteries of 15 November 1975. ^4 ECE/CEP/4 3 page 27 Annex II Annex II ARBITRATION In the event of a dispute being submitted for arbitration pursuant to 1. article 16, paragraph 2, of this Convention, a party or parties shall notify the secretariat of the subject matter of arbitration and indicate, in particular, the articles of this Convention whose interpretation or application is at issue. The secretariat shall forward the information received to all Parties to this Convention. The arbitral tribunal shall consist of three members. Both the claimant 2. party or parties and the other party or parties to the dispute shall appoint an arbitrator, and the two arbitrators so appointed shall designate by common agreement the third arbitrator, who shall be the president of the arbitral tribunal. The latter shall not be a national of one of the parties to the dispute, nor have his or her usual place of residence in the territory of one of these parties, nor be employed by any of them, nor have dealt with the case in any other capacity. If the president of the arbitral tribunal has not been designated within 3. two months of the appointment of the second arbitrator, the Executive Secretary of the Economic Commission for Europe shall, at the request of either party to the dispute, designate the president within a further two-month period. If one of the parties to the dispute does not appoint an arbitrator 4. within two months of the receipt of the request, the other party may so inform the Executive Secretary of the Economic Commission for Europe, who shall designate the president of the arbitral tribunal within a further two-month period. Upcn designation, the president of the arbitral tribunal shall request the party which has not appointed an arbitrator to do so within two months. If it fails to do so within that period, the president shall so inform the Executive Secretary of the Economic "Commission for Europe, who shall make this appointment within a further two-month period. The arbitral tribunal shall render its decision in accordance with 5. international law and the provisions of this Convention. Any arbitral tribunal constituted under the provisions set out in this 6. annex shall draw up its own rules of-procedure. The decisions of the arbitral tribunal, both on procedure and on 7. substance, shall be taken by majority vote of its members. 8. The tribunal may take all appropriate measures to establish the facts. The parties to the dispute shall facilitate the work of the arbitral 9. tribunal and, in particular, using all means at their disposal, shall: 2? ECE/CEP/43 page 28 Annex II (a) Provide it with all relevant documents, facilities and information; (b). Enable it, where necessary, to call witnesses or experts and receive their evidence. The parties and the arbitrators shall protect the confidentiality of any 10. information that they receive in confidence during the proceedings of the arbitral tribunal. The arbitral tribunal may, at the request of one of the parties, 11. recommend interim measures of protection. If one of the parties to the dispute does not appear before the arbitral 12. tribunal or fails to defend its case, the other party may request the tribunal to continue the proceedings and to render its final decision. Absence of a party or failure of. a party to defend its case shall not constitute a bar to the proceedings. The arbitral tribunal may hear and determine counter-claims arising 13. directly out of the subject matter of the dispute. 14. Unless the arbitral tribunal determines otherwise because of the particular circumstances of the case, the expenses of the tribunal, including the remuneration of its members, shall be borne by the parties to the dispute in equal shares. The tribunal shall keep a record of all its expenses, and shall furnish a final statement thereof to the parties. 15. Any Party to this Convention which has an interest of a legal nature in the subject matter of the dispute, and which may be affected by a decision in the case, may intervene in the proceedings with the consent of the tribunal. The arbitral tribunal shall render its award within five months of the 16. date on which it is established, unless it finds it necessary to extend the time limit for a period which should not exceed five months. The award of the arbitral tribunal shall be accompanied by a statement 17. of reasons. It shall be final and binding upon all parties to the dispute. The award will be transmitted by the arbitral tribunal to the parties to the dispute and to the secretariat. The secretariat will forward the information received to all Parties to this Convention. 18. Any dispute which may arise between the parties concerning the interpretation or execution of the award may be submitted by either party to the arbitral tribunal which made the award or, if the latter cannot. be seized thereof, to another tribunal constituted for this purpose in the same manner as the first. z. % ISSN 0254-1475 COM(98) 344 final DOCUMENTS EN 14 11 06 Catalogue number : CB-C0-98-352-EN-C ISBN 92-78-36828-8 Office for Official Publications of the European Communities L-2985 Luxembourg 23


title: Commission Regulation (EC) No 1146/98 of 2 June 1998 amending Regulation (EC) No 541/95 concerning the examination of variations in the terms of a marketing authorisation granted by a competent authority of a Member State

eurovoc_concepts:
exchange of information
marketing
marketing standard
medicinal product
pharmaceutical legislation
public health

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text: 3. 6. 98 ‹ EN ‹ Official Journal of the European Communities L 159/31 COMMISSION REGULATION (EC) No 1146/98 of 2 June 1998 amending Regulation (EC) No 541/95 concerning the examination of variations in the terms of a marketing authorisation granted by a competent authority of a Member State THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 75/319/EEC of 20 May 1975, on the approximation of provisions laid down by law, regulations or administrative action relating to medicinal products (1), as last amended by Directive 93/39/EEC (2), and in particular Article 15 thereof, Having regard to Council Directive 81/851/EEC of 28 September 1981, on the approximation of legislation of relating to veterinary medicinal the Member States products (3), as last amended by Directive 93/40/EEC (4), and in particular Article 23 thereof, Whereas, following practical experience in the application of Commission Regulation (EC) No 541/95 (5) appropriate provisions should be made to the terms of this Regula- tion; Whereas it is appropriate to provide for a procedure to be followed in the case where national competent authority imposes urgent safety restrictions; the marketing authorisation authorisation holder, holder shall be obliged to submit an application for a variation taking account of the safety restrictions imposed by the national authorities. This application shall be submitted without delay to the national competent authorities concerned for the application of the procedures set out in Articles 6 and 7 of this Regu- lation. This paragraph is without prejudice to Article 15a of Directive 75/319/EEC and Article 23a of Direc- tive 81/851/EEC’. 2. In Article 4, paragraph 2 is replaced by the following text: The reference Member State shall ‘2. forthwith inform all other concerned Member States about the the procedure. The reference date of Member State shall also inform the marketing author- isation holder(s) about the date of the start of the pro- cedure’. the start of 3. After Article 7, Article 7a and Article 7b are added: Whereas, moreover, it is necessary to simplify the notifi- cation procedure for minor variations and to introduce some changes to the annexes to this Regulation; ‘Article 7a the provisions of Whereas, this Regulation are in ac- cordance with the opinion of the Standing Committee on Medicinal Products for Human Use and the Standing Committee on Veterinary Medicinal Products, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 541/95 is amended as follows: 1. In Article 1 the following paragraph 3 is added: ‘3. Where national competent authorities impose urgent provisional safety restrictions on the marketing (1) OJ L 147, 9. 6. 1975, p. 13. (2) OJ L 214, 24. 8. 1993, p. 22. (3) OJ L 317, 6. 11. 1981, p. 1. (4) OJ L 214, 24. 8. 1993, p. 31. (5) OJ L 55, 11. 3. 1995, p. 7. Because of the specificities inherent in the manufac- turing of human influenza vaccines, the following dispositions are applicable: 1. Within 30 days following the date of the start of the procedure, the national competent authorities of the reference Member State shall prepare an assessment report on a pharmaceutical dossier and a draft de- cision which shall be addressed to the other national competent authorities concerned. 2. Within that period, the competent authority of the reference Member State may send the marketing authorisation holder a single request for information in addition to that already supplied pursuant to inform the other competent Article 6. It shall authorities concerned. 3. Within 12 days of receipt of the draft decision and the assessment report, the other competent national authorities concerned shall accept this draft decision and inform the competent national authority of the reference Member State to this effect. L 159/32 ‹ EN ‹ Official Journal of the European Communities 3. 6. 98 4. The clinical data and, where appropriate, those concerning the stability of the medicinal product shall be addressed by the applicant to the com- petent authorities of the reference Member State and to those of the other Member States concerned at the latest 12 days following the end of the time limit laid down in paragraph 3. The reference Member State shall evaluate these data and draft a final decision within seven days of the reception of the data mentioned in the first subparagraph. Each of the other national competent authorities shall accept this draft decision and adopt a decision in conformity with this project within the seven following days. 5. If, in the course of the procedure foreseen in the present Article, a competent authority raises a ques- tion of public health which they consider poses an obstacle to the mutual recognition of the decision to be taken, reference shall be made without delay to the provisions of Article 15, last paragraph, of Directive 75/319/EEC. Article 7b Notwithstanding Article 7a, in case of a pandemic situ- ation duly recognised by the World Health Organisa- tion, competent national authorities may exceptionally and temporarily consider the variation to be accepted after a complete application has been lodged and before the end of the procedure foreseen in Article 7a’. 4. In Annex I: — The text of point A is replaced by the following text: ‘A. By derogation, the procedure set out in Articles 6 and 7 of the present Regulation shall apply: — to the minor variations Nos 11, 12, 13, 15 and 16 as referred to below and to minor variations 24 and 25 if the test procedure used is not a physicochemical method for medicinal products falling within the scope of Council Directives 89/342/EEC (1), or 89/381/EEC (2), or 90/677/EEC (3), or for medicinal products which had been con- sidered as arising under List A of Directive 87/22/EEC, — to any minor variation when a specific inspection of a manufacturing site needs to be carried out’. General condition: the modified manufacturing authorisation must be submitted to the com- petent authority. — Change in the name of a manufacturer of the medicinal product Condition to be fulfilled: the manufacturing site shall remain the same. — Change of the manufacturing site(s) for part or all of the manufacturing process of the medicinal product Condition to be fulfilled: no change either in the manufacturing process or in the specifica- tions, including test methods. — withdrawal of the manufacturing authoriza- tion for a site of manufacture’. — The text of variation No 5 is replaced by the fol- lowing text: ‘5. Change in the colouring system of the product (addi- tion, deletion or replacement of colourant(s)) Condition to be fulfilled: Same functional characteristics, no change in dissolution profile for solid dosage forms. Any minor adjustment to the formulation to maintain the total weight should be made by an excipient which currently makes up a major part of the formula- tion’. — The text of variation No 6 is replaced by the fol- lowing text: ‘6. Change in the flavouring system of the product (addition, deletion or replacement of flavour(s)) Condition to be fulfilled: proposed flavour must be in accordance with Directive 88/388/EEC. Any minor adjustment to the formulation to maintain the total weight should be made by an excipient which currently makes up a major part of the formulation’. — After variation No 10 the following text is added: ‘10a. Addition or replacement of measuring device for oral liquid dosage forms and other dosage forms Condition to be fulfilled: the size and, where applicable, the proposed measuring device must be compatible with the approved posology’. the accuracy of — After variation No 11 the following text is added: — The text of variation No 1 is replaced by the fol- lowing text: ‘11a. Change in the name of a manufacturer of the active substance ‘1. Change following modification(s) to the manufac- turing authorisation(s) Condition to be fulfilled: the manufacturer of the active substance shall remain the same. 3. 6. 98 ‹ EN ‹ Official Journal of the European Communities L 159/33 11b. Change in supplier of an intermediate compound used in the manufacture of the active substance change is introduced within six months of adop- tion of the revised monograph’. Condition to be fulfilled: the specifications, synthetic route and quality control procedures are the same as those already approved’. — The heading of variation No 30 is replaced by the following text: — After variation No 12 the following text is added: ‘Alternative condition: “. or a certificate of suit- ability is provided”. from the European Pharmacopoeia ‘30. Change in pack size for a medicinal product’ A supplementary condition is added: aging material remains the same’. ‘The pack- — A new condition is added to variation No 31: 12a. Change in specification of starting material or intermediate used in the manufacture of the active substance ‘The change does not concern a fundamental component of the packaging material which affects the delivery or use of the product’. Condition to be fulfilled: specification must be tightened or addition of new test and limits. ’ — After variation No 15 the following text is added: ‘15a. Change in in-process controls applied during the manufacture of the product — The heading of variation No 32 is replaced by the following text: ‘32. Change of imprints, bossing or other markings (except scoring) on tablets or printing on capsules, including addition or change of inks used for product marking’. — After variation No 33 variation No 34 is added: Condition to be fulfilled: specification must be tightened or addition of new test and limits’. ‘34. Change in the manufacturing process of a non component due to the subsequent proteinaceous introduction of a biotechnology step — After variation No 20 the following text is added: General remarks: ‘20a. Extension of the shelf life or retest period of the active substance Condition to be fulfilled: stability studies have been done to the protocol which was approved at the the time of the issue of the studies must marketing authorisation; show that the agreed end of shelf life specifi- cations are still met’. — After variation No 24 the following text is added: ‘24a. Change in test procedure for a starting material or intermediate used in the manufacture of the active substance Condition to be fulfilled: results of method validation show new test procedure to be at least equivalent to the former procedure. Specification not adversely affected’. — The footnote of variation No 26 is changed as follows: ‘In cases where the marketing authorisation holder refers to the current edition of the pharmacopoeia, no variation application is required provided the This specific variation is without prejudice to other variations in this Annex which can be applied in this particular context. Community legislation applicable to specific groups of products (*) has to be complied with. The medicinal products containing a proteina- ceous component obtained through a biotech- nology process fall within the scope of part A of Council Regulation (EEC) No 2309/93 (**). — Change in the manufacturing process for components compliant with a European Phar- macopoeia monograph and verified by means of a certificate of suitability from the European Pharmacopoeia the specifica- Conditions to be fulfilled: tions and physicochemical properties and all component of characteristics remain the same. the — Change in the manufacturing process for components requesting a new impurities test procedure L 159/34 ‹ EN ‹ Official Journal of the European Communities 3. 6. 98 the characteristics Conditions to be fulfilled: the specifica- tions and physicochemical properties and all component of remain the same. The manufacturing method is liable to leave impurities not controlled in the pharmacopoeia mono- graph, these impurities must be declared and a suitable test procedure must be described. This supplementary test must be specified in a certificate of suitability from the European Pharmacopoeia. (*) Food and food ingredients compliant with Regulation (EC) No 258/97 of the European (OJ L 43, Parliament and of the Council 14. 2. 1997, p. 1), colours for use in foodstuffs within the scope of Council Directive 94/36/EEC (OJ L 237, 10. 9. 1994, p. 13), food additives within the scope of Council Direc- tive 88/388/EEC (OJ L 184, 15. 7. 1988, p. 61), extraction solvents within the meaning of Council Directive 88/344/EEC (OJ L 157, 24. 6. 1988, p. 28) as last amended by Direc- tive 92/115/EEC (OJ L 409, 31. 12. 1992, p. 31) and foods or food ingredients derived from a biotechnology step which has been introduced in the manufacture/production are not required to be notified as a variation to the terms of the marketing authorisation. (**) OJ L 214, 24. 8. 1993, p. 1. ’ 5. In Annex II: — After the heading, the text of the first paragraph and the following subheading are replaced as follows: ‘Certain changes to a marketing authorisation have to be considered to fundamentally alter the terms of this authorisation and therefore cannot be con- sidered as a variation in the meaning of Article 15 of Directive 75/319/EEC or in the meaning of this Regulation. For Article 23 of Directive 81/851/EEC and cannot be granted following variation procedures foreseen in Articles 4 to 7 of these changes, listed below, any application has to be considered within a complete scientific evaluation procedure (as for the granting of a marketing authorisation). As the case may be, an authorisation or a modification to the existing marketing authori- sation will have to be issued by the competent national authorities. This Annex is without prejudice to the provisions of Article 4 of Directive 65/65/EEC and Article 5 of Directive 81/851/EEC’. — The text of variation No 1, paragraph (i) is replaced by the following text: ‘(i) addition of one or more active substance(s) including antigenic components for vaccines, without prejudice and 7b concerning human influenza’, to Articles 7a — The text of variation No 4, paragraph (ii) is replaced by the following text: ‘(ii) shortening of the withdrawal period of a veter- inary medicinal product if the change is not linked to the establishment or a modification in accordance to a maximum residue limit with Regulation (EEC) No 2377/90 (*). (*) OJ L 224, 18. 8. 1990, p. 1. ’ Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 2 June 1998. For the Commission Martin BANGEMANN Member of the Commission


title: Verordnung (EG) Nr. 1147/98 der Kommission vom 2. Juni 1998 zur elften Änderung der Verordnung (EG) Nr. 913/97 mit Sondermaßnahmen zur Stützung des Schweinemarkts in Spanien

eurovoc_concepts:
Spain
market support
meat processing industry
pigmeat
slaughter premium
swine

text: 3. 6. 98 ‹ ‹DE Amtsblatt der Europ(cid:132)ischen Gemeinschaften L 159/35 VERORDNUNG (EG) Nr. 1147/98 DER KOMMISSION vom 2. Juni 1998 zur elften (cid:142)nderung der Verordnung (EG) Nr. 913/97 mit Sondermaßnahmen zur St(cid:129)tzung des Schweinemarkts in Spanien DIE KOMMISSION DER EUROP(cid:142)ISCHEN GEMEINSCHAFTEN — gest(cid:129)tzt auf den Vertrag zur Gr(cid:129)ndung der Europ(cid:132)ischen Gemeinschaft, gest(cid:129)tzt auf die Verordnung (EWG) Nr. 2759/75 des Rates vom 29. Oktober 1975 (cid:129)ber die gemeinsame Marktorgani- sation f(cid:129)r Schweinefleisch (1), zuletzt ge(cid:132)ndert durch die Verordnung (EG) Nr. 3290/94 (2), auf Artikel 20, insbesondere in Erw(cid:132)gung nachstehender Gr(cid:129)nde: Wegen des Auftretens der klassischen Schweinepest in einigen Erzeugungsgebieten Spaniens wurden mit der Verordnung (EG) Nr. 913/97 der Kommission (3), zuletzt ge(cid:132)ndert durch die Verordnung (EG) Nr. 988/98 (4), Sondermaßnahmen zur St(cid:129)tzung des Schweinemarkts in diesem Mitgliedstaat erlassen. Aufgrund des Weiterbestehens der Veterin(cid:132)r- und Handelsbeschr(cid:132)nkungen und deren Ausdehnung auf andere Gebiete, insbesondere in den Provinzen Zaragoza und Sevilla, ist es notwendig, die Zahl der Ferkel, welche an die zust(cid:132)ndigen Beh(cid:148)rden abgegeben werden k(cid:148)nnen, zu erh(cid:148)hen, um somit eine Fortf(cid:129)hrung der Sondermaß- nahmen ab dem 14. Mai 1998 zu erm(cid:148)glichen und die gem(cid:132)ß Anhang II der Verordnung (EG) Nr. 913/97 zu ber(cid:129)cksichtigenden Gebiete den derzeitigen veterin(cid:132)r- rechtlichen und gesundheitlichen Auflagen anzupassen. durch die Entscheidung 98/339/EG (7) ersetzt. Dieser (cid:142)nderung ist Rechnung zu tragen. Infolge der Einschr(cid:132)nkungen, denen der freie Warenver- kehr mit Schweinen in einem der Gebiete der Provinz Zaragoza und in dem Gebiet der Provinz Sevilla seit ist bei den Tieren eine mehreren Wochen unterliegt, erhebliche Gewichtszunahme zu verzeichnen, so daß sich hinsichtlich des Tierschutzes eine untragbare Lage ergibt. Es ist deshalb gerechtfertigt, daß die St(cid:129)tzmaßnahmen in diesen neuen Gebieten mit Wirkung vom 14. Mai 1998 angewendet werden. Die in dieser Verordnung vorgesehenen Maßnahmen entsprechen der Stellungnahme des Verwaltungsaus- schusses f(cid:129)r Schweinefleisch — HAT FOLGENDE VERORDNUNG ERLASSEN: Artikel 1 Die Verordnung (EG) Nr. 913/97 wird wie folgt ge(cid:132)ndert: 1. In Artikel 2 Absatz 2 wird die Angabe „97/285/EG“ durch die Angabe „98/339/EG“ ersetzt. 2. Anhang I wird durch den Anhang I der vorliegenden Verordnung ersetzt. 3. Anhang II wird durch den Anhang II der vorliegenden Verordnung ersetzt. Artikel 2 Die Entscheidung 97/285/EG der Kommission vom 30. April 1997 (cid:129)ber bestimmte Maßnahmen zum Schutz gegen die klassische Schweinepest in Spanien (5), zuletzt ge(cid:132)ndert durch die Entscheidung 98/271/EG (6), wurde Diese Verordnung tritt am Tag ihrer Ver(cid:148)ffentlichung im Amtsblatt der Europ(cid:132)ischen Gemeinschaften in Kraft. Sie gilt mit Wirkung vom 14. Mai 1998. Diese Verordnung ist in allen ihren Teilen verbindlich und gilt unmittelbar in jedem Mitgliedstaat. Br(cid:129)ssel, den 2. Juni 1998 F(cid:129)r die Kommission Franz FISCHLER Mitglied der Kommission (1) ABl. L 282 vom 1. 11. 1975, S. 1. (2) ABl. L 349 vom 31. 12. 1994, S. 105. (3) ABl. L 131 vom 23. 5. 1997, S. 14. (4) ABl. L 140 vom 12. 5. 1998, S. 3. (5) ABl. L 114 vom 1. 5. 1997, S. 47. (6) ABl. L 120 vom 23. 4. 1998, S. 23. (7) ABl. L 148 vom 19. 5. 1998, S. 43. L 159/36 ‹ ‹DE Amtsblatt der Europ(cid:132)ischen Gemeinschaften 3. 6. 98 ANHANG I „ANHANG I Gesamth(cid:148)chstzahl Tiere ab dem 6. Mai 1997: Mastschweine Ferkel Altsauen Mastschweine der Rasse ,Iberisches Schwein‘ 630 000 Tiere 200 000 Tiere 8 000 Tiere 6 000 Tiere“ 3. 6. 98 ‹ ‹DE Amtsblatt der Europ(cid:132)ischen Gemeinschaften L 159/37 ANHANG II „ANHANG II Teil 1 — In der Provinz Zaragoza die Schutz- und (cid:154)berwachungszonen gem(cid:132)ß den Anh(cid:132)ngen I und II der Verordnung der Diputaci(cid:155)n General de Arag(cid:155)n vom 25. M(cid:132)rz 1998, ver(cid:148)ffentlicht im Amtsblatt der Comunidad vom 27. 3. 1998, S. 1411. — In der Provinz Zaragoza die Schutz- und (cid:154)berwachungszonen gem(cid:132)ß den Anh(cid:132)ngen I und II der Verordnung der Diputaci(cid:155)n General de Arag(cid:155)n vom 17. April 1998, ver(cid:148)ffentlicht im Amtsblatt der Comunidad vom 20. 4. 1998, S. 1868. — In der Provinz Zaragoza die Schutz- und (cid:154)berwachungszonen gem(cid:132)ß den Anh(cid:132)ngen I und II der Verordnung der Diputaci(cid:155)n General de Arag(cid:155)n vom 28. April 1998, ver(cid:148)ffentlicht im Amtsblatt der Comunidad vom 4. 5. 1998, S. 1999. — In der Provinz Sevilla die Schutz- und (cid:154)berwachungszonen gem(cid:132)ß den Anh(cid:132)ngen I und II der Verord- nung der Junta de Andaluc(cid:146)a vom 23. April 1998, ver(cid:148)ffentlicht im Amtsblatt der Junta vom 28. 4. 1998, S. 4951. Die Veterin(cid:132)rbezirke (Comarcas Veterinarias) der Provinzen Segovia, Madrid, Toledo, Zaragoza und Sevilla gem(cid:132)ß Anhang I der Entscheidung 98/339/EG. “ Teil 2


title: Uredba Komisije (EZ) br. 1148/98 od 2. lipnja 1998. o uvrštenju izmjena u propise za sektor šećera uvedene Uredbom (EZ) br. 2086/97 o tarifnoj i statističkoj nomenklaturi i o Zajedničkoj carinskoj tarifi

eurovoc_concepts:
Combined Nomenclature
common customs tariff
nomenclature
sugar
tariff nomenclature

text: L_1998159HR. 01003801. xml 03/Sv. 008 HR Službeni list Europske unije 158 31998R1148 L 159/38 SLUŽBENI LIST EUROPSKE UNIJE 02. 06. 1998. UREDBA KOMISIJE (EZ) br. 1148/98 od 2. lipnja 1998. o uvrštenju izmjena u propise za sektor šećera uvedene Uredbom (EZ) br. 2086/97 o tarifnoj i statističkoj nomenklaturi i o Zajedničkoj carinskoj tarifi KOMISIJA EUROPSKIH ZAJEDNICA, uzimajući u obzir Ugovor o osnivanju Europske zajednice, uzimajući u obzir Uredbu Vijeća (EEZ) br. 234/79 od 5. veljače 1979. o postupku za prilagodbu nomenklature Zajedničke carinske tarife korištene za poljoprivredne proizvode (1), kako je zadnje izmijenjena Uredbom (EZ) br. 3290/94 (2), a posebno njezin članak 2. stavak 1. , budući da Uredba Komisije (EZ) br. 2086/97 od 4. studenoga 1997. o izmjeni Priloga I. Uredbi Vijeća (EEZ) br. 2658/87 o tarifnoj i statističkoj nomenklaturi i o Zajedničkoj carinskoj tarifi (3) propisuje izmjene kombinirane nomenklature, posebno za određene proizvode obuhvaćene zajedničkim uređenjem tržišta šećera; budući da određene oznake u Uredbi Vijeća (EEZ) br. 1785/81 (4), kako je zadnje izmijenjena Uredbama (EZ) br. 1599/96 (5), i (EEZ) br. 1010/86 (6), kako je zadnje izmijenjena Uredbom Komisije (EZ) br. 1126/96 (7), te u Uredbama Komisije (EZ) br. 1464/95 (8), kako je zadnje izmijenjena Uredbom (EZ) br. 2136/95 (9), (EZ) br. 1729/97 (10), (EEZ) br. 2670/81 (11), kako je zadnje izmijenjena Uredbom (EZ) br. 158/96 (12), (EEZ) br. 825/75 (13), kako je zadnje izmijenjena Uredbom (EEZ) br. 1714/88 (14) i (EEZ) br. 1729/78 (15), kako je zadnje izmijenjena Uredbom (EZ) br. 1730/97 (16), više ne odgovaraju onima navedenim u kombiniranoj nomenklaturi; budući da stoga treba uskladiti ove Uredbe; budući da dan stupanja na snagu ove Uredbe mora biti identičan danu stupanja na snagu Uredbe (EZ) br. 2086/97; budući da su mjere predviđene ovom Uredbom u skladu s mišljenjem Upravnog odbora za šećer, DONIJELA JE OVU UREDBU: Članak 1. 1. Uredba (EEZ) br. 1785/81 mijenja se kako slijedi: — u članku 1. : (a) u točki (d): — oznaka „1702 60 90” zamjenjuje se s „1702 60 95”, i — oznaka „1702 90 90” zamjenjuje se s „1702 90 99”; (b) u točki (h) oznaka „ex 1702 60 90” zamjenjuje se s „1702 60 80”. 2. Uredba (EEZ) br. 1010/86 mijenja se kako slijedi: — u članku 1. : — oznaka „ex 1702 60 90” zamjenjuje se s „ex 1702 60 95”, i — oznaka „ex 1702 90 90” zamjenjuje se s „ex 1702 90 99”. Članak 2. 1. Uredba (EZ) br. 1464/95 mijenja se kako slijedi: (a) u članku 2. oznaka „1702 60 90” zamjenjuje se s „1702 60 95”; (b) — u članku 8. točki (a), trećoj alineji, oznaka „ex 1702 60 90” zamjenjuje se s „1702 60 80”, — u članku 8. točki (c), trećoj alineji, oznaka „1702 60 90” zamjenjuje se s „1702 60 95”, — u članku 8. točki (c), petoj alineji, oznaka „ex 1702 60 90” zamjenjuje se s „1702 60 80”. 2. Uredba (EZ) br. 1729/97 mijenja se kako slijedi: (a) u članku 3. točki (a) oznaka „1702 60 90” zamjenjuje se s „1702 60 95”; (b) u Prilogu I. : — oznaka „1702 60 90” zamjenjuje se s „1702 60 95”, i — oznaka „1702 90 90” zamjenjuje se s „1702 90 99”. 3. Uredba (EEZ) br. 2670/81 mijenja se kako slijedi: u članku 1. točki (d) oznaka „1702 60 90” zamjenjuje se s „1702 60 95”. 4. Uredba (EEZ) br. 825/75 mijenja se kako slijedi: (a) u Prilogu II. oznaka „ex 1702 90 90” zamjenjuje se s „1702 90 99”; (b) u Prilogu III. : — oznaka „ex 1702 60 90” zamjenjuje se s „ex 1702 60 95”, i — oznaka „ex 1702 90 90” zamjenjuje se s „ex 1702 90 99”. 5. Uredba (EEZ) br. 1729/78 mijenja se kako slijedi: (a) u članku 2. stavku 2. drugom podstavku, točki (a) i. : — oznaka „1702 60 90” zamjenjuje se s „1702 60 95”, i — oznaka „1702 90 90” zamjenjuje se s „1702 90 99”; (b) u članku 3. stavku 3. drugom podstavku, točki (a) i. : — oznaka „1702 60 90” zamjenjuje se s „1702 60 95”, i — oznaka „1702 90 90” zamjenjuje se s „1702 90 99”. Članak 3. Ova Uredba stupa na snagu na dan objave u Službenom listu Europskih zajednica. Primjenjuje s učinkom od 1. siječnja 1998. Ova je Uredba u cijelosti obvezujuća i izravno se primjenjuje u svim državama članicama. Sastavljeno u Bruxellesu 2. lipnja 1998. Za Komisiju Franz FISCHLER Član Komisije (1)  SL L 34, 9. 2. 1979. , str. 2. (2)  SL L 349, 31. 12. 1994. , str. 105. (3)  SL L 312, 14. 11. 1997. , str. 1. (4)  SL L 177, 1. 7. 1981. , str. 4. (5)  SL L 206, 16. 8. 1996. , str. 43. (6)  SL L 94, 9. 4. 1986. , str. 9. (7)  SL L 150, 25. 6. 1996. , str. 3. (8)  SL L 144, 28. 6. 1995. , str. 14. (9)  SL L 214, 8. 9. 1995. , str. 19. (10)  SL L 243, 5. 9. 1997. , str. 1. (11)  SL L 262, 16. 9. 1981. , str. 14. (12)  SL L 24, 31. 1. 1996. , str. 3. (13)  SL L 79, 28. 3. 1975. , str. 17. (14)  SL L 152, 18. 6. 1988. , str. 23. (15)  SL L 201, 25. 7. 1978. , str. 26. (16)  SL L 243, 5. 9. 1997. , str. 5