ELEMENTS FOR A DRAFT RESOLUTION ON ACCESS TO INFORMATION, PUBLIC PARTICIPATION IN ENVIRONMENTAL DECISION-MAKING AND ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS TO BE CONSIDERED AT THE MINISTERIAL CONFERENCE IN AARHUS, DENMARK, 23-25 JUNE 1998
We, the Signatories to the Convention on Access to Information, Public Participation in Environmental Decision-making and Access to Justice in Environmental Matters,
Resolve to strive for the entry into force of the Convention as soon as possible and to seek to apply the Convention to the maximum extent possible pending its entry into force; and to continue to cooperate in progressively developing policies and strategies related to matters within the scope of this Convention;
Recommend that the ECE Guidelines on Access to Environmental Information and Public Participation in Environmental Decision-making endorsed at the Third Ministerial Conference "Environment for Europe" in Sofia, Bulgaria, on 25 October 1995, should be taken into account in the application of the Convention pending its entry into force;
Emphasize that, besides the Governments, parliaments, regional and local authorities and non-governmental organizations have a key role to play at the national, regional and local level in the implementation of the Convention;
Acknowledge that the Convention is an important element in the regional implementation of Agenda 21 and that its ratification will further the convergence of environmental legislation and strengthen the process of democratisation in Region of the United Nations Economic Commission for Europe (ECE);
Emphasize the importance of capacity building to maximize the effectiveness of officials, authorities and non-governmental organizations in implementing the provisions of this Convention;
Call upon each Party to promote environmental education and environmental awareness among the public, particularly in relation to the opportunities provided by this Convention;
Call upon public, private and international fund providers to give high priority to projects that aim to further the matters of this Convention;
Call for close cooperation between the ECE, other bodies involved in the "Environment for Europe" process and other relevant international governmental and non-governmental organizations on the issues of this Convention, for example in the implementation of national environmental action plans and national environmental health action plans;
Recognize that the successful application of the Convention is linked to adequate administrative and additional financial resources being made available to support and maintain the initiatives necessary to achieve this goal and call upon Governments to make voluntary financial contributions to this process so that sufficient financial means are available to carry out the programme of activities, related to the Convention, of the ECE Committee on Environmental Policy;
Request the ECE Committee on Environmental Policy actively to promote and keep under review the process of ratification of the Convention pending its entry into force through inter alia:
(a) Establishing the Meeting of Signatories to the Convention, open to all members of ECE and to observers, to identify activities that need to be undertaken pending the entry into force of the Convention; to report to the CEP on progress made in respect of the ratification of the Convention; and to prepare for the first Meeting of the Parties;
(b) Giving full recognition to the activities identified by the Meeting of the Signatories within its work programme and in considering the allocation of ECE resources provided for the environment;
(c) Encouraging Governments to make voluntary contributions in order to ensure that sufficient resources are available to support these activities;
Consider that, pending the entry into force of the Convention, the necessary authority should be given to the ECE and its Executive Secretary to provide for a sufficient secretariat and, in the framework of the existing budgetary structure, for appropriate financial means;
[Urge the Meeting of the Parties at its first meeting or as soon as possible thereafter to establish effective compliance arrangements in accordance with article 15 of the Convention;]
[Strongly urge the Meeting of the Parties at its first meeting or as soon as possible thereafter to establish effective compliance arrangements and call upon each of the Parties to be obliged by such arrangements;]
Commend international organizations and non-governmental organizations, in particular environmental organizations, for their active and constructive participation in the development of the Convention and recommend that such organizations be allowed to participate in the same spirit in the Meeting of Signatories and its activities to the extent possible based on a provisional application of the provisions of article 10, paragraphs 2(c), 4 and 5 of the Convention;
Recommend that non-governmental organizations be allowed effectively to participate in the preparation of instruments in the field of environmental protection by other inter-governmental organizations;
Recognize the importance of the application of the provisions of the Convention to deliberate release of genetically modified organisms into the environment, and request the Meeting of the Parties, at their first session, to further develop the application of the Convention by means of inter alia more precise provisions, taking into account the work done under the Convention on Biological Diversity to develop a protocol on biosafety;
Invite the other Member States of ECE and any other State, not member of ECE, that is a Member of the United Nations and/or other regional commissions to accede to this Convention;
Encourage other international organizations, including other United Nations regional commissions and bodies, to develop appropriate arrangements relating to access to information, public participation in environmental decision-making and access, drawing, as appropriate, on the Convention and take such other action as may be appropriate to further its objectives.
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