Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment

 

Article 14 — Access to information held by public authorities

1. Any person shall, at his request and without his having to prove an
interest, have access to information relating to the environment held by
public authorities.

The Parties shall define the practical arrangements under which such
information is effectively made available.

2. The right of access may be restricted under internal law where it
affects:

— the confidentiality of the proceedings of public authorities,
international relations and national defence;

— public security;

— matters which are or have been sub judice, or under enquiry
(including disciplinary enquiries), or which are the subject of
preliminary investigation proceedings;

— commercial and industrial confidentiality, including intellectual
property;

— the confidentiality of personal data and/or files;

— material supplied by a third party without that party being under a
legal obligation to do so; or

— material, the disclosure of which would make it more likely that
the environment to which that material related would be damaged.

Information held by public authorities shall be supplied in part where it
is possible to separate out information on items concerning the interests
referred to above.

3. A request for information may be refused where it would involve the
supply of unfinished documents or data or internal communications, or
where the request is manifestly unreasonable or formulated in too general
a manner.

4. A public authority shall respond to a person requesting information as
soon as possible and at the latest within two months. The reasons for a
refusal to provide the information requested must be given.

5. A person who considers that his request for information has been
unreasonably refused or ignored, or has been inadequately answered by a
public authority, may seek a judicial or administrative review of the
decision, in accordance with the relevant internal legal system.

6. The Parties may make a charge for supplying the information, but such
a charge may not exceed a reasonable cost.

Article 15 — Access to information held by bodies
with public responsibilities for the environment

On the same terms and conditions as those set out in Article 14 any
person shall have access to information relating to the environment held
by bodies with public responsibilities for the environment and under the
control of a public authority. Access shall be given via the competent
public administration or directly by the bodies themselves.

Article 16 — Access to specific information held by operators

1. The person who suffered the damage may, at any time, request the court
to order an operator to provide him with specific information, in so far
as this is necessary to establish the existence of a claim for
compensation under this Convention.

2. Where, under this Convention, a claim for compensation is made to an
operator, whether or not in the framework of judicial proceedings, this
operator may request the court to order another operator to provide him
with specific information, in so far as this is necessary to establish
the extent of his possible obligation to compensate the person who has
suffered the damage, or of his own right to compensation from the other
operator.

3. The operator shall be required to provide information under paragraphs
1 and 2 of this Article concerning the elements which are available to
him and dealing essentially with the particulars of the equipment, the
machinery used, the kind and concentration of the dangerous substances or
waste as well as the nature of genetically modified organisms or
micro-organisms.

4. These measures shall not affect measures of investigation which may
legally be ordered under internal law.

5. The court may refuse a request which places a disproportionate burden
on the operator, taking into account all the interests involved.

6. In addition to the restrictions under Article 14, paragraph 2 of this
Convention, which shall apply mutatis mutandis, the operator may refuse
to provide information where such information would incriminate him.

7. Any reasonable charge shall be paid by the person requesting the
information. The operator may require an appropriate guarantee for such
payment. However a court, when allowing a claim for compensation, may
establish that this charge shall be borne by the operator, except to the
extent that the request resulted in unnecessary costs.

Chapter IV — Actions for compensation and other claims

Article 17 — Limitation periods

1. Actions for compensation under this Convention shall be subject to a
limitation period of three years from the date on which the claimant knew
or ought reasonably to have known of the damage and of the identity of
the operator. The laws of the Parties regulating suspension or
interruption of limitation periods shall apply to the limitation period
prescribed in this paragraph.

2. However, in no case shall actions be brought after thirty years from
the date of the incident which caused the damage. Where the incident
consists of a continuous occurrence the thirty years’ period shall run
from the end of that occurrence. Where the incident consists of a series
of occurrences having the same origin the thirty years’ period shall run
from the date of the last of such occurrences. In respect of a site for
the permanent deposit of waste the thirty years’ period shall at the
latest run from the date on which the site was closed in accordance with
the provisions of internal law.

Article 18 — Requests by organisations

1. Any association or foundation which according to its statutes aims at
the protection of the environment and which complies with any further
conditions of internal law of the Party where the request is submitted
may, at any time, request:

a the prohibition of a dangerous activity which is unlawful and poses
a grave threat of damage to the environment;

b that the operator be ordered to take measures to prevent an
incident or damage;

c that the operator be ordered to take measures, after an incident,
to prevent damage; or

d that the operator be ordered to take measures of reinstatement.

2. Internal law may stipulate cases where the request is inadmissible.

3. Internal law may specify the body, whether administrative or judicial,
before which the request referred to in paragraph 1 above should be made.
In all cases provision shall be made for a right of review.

4. Before deciding upon a request mentioned under paragraph 1 above the
requested body may, in view of the general interests involved, hear the
competent public authorities.

5. When the internal law of a Party requires that the association or
foundation has its registered seat or the effective centre of its
activities in its territory, the Party may declare at any time, by means
of a notification addressed to the Secretary General of the Council of
Europe, that, on the basis of reciprocity, an association or foundation
having its seat or centre of activities in the territory of another Party
and complying in that other Party with the other conditions mentioned in
paragraph 1 above shall have the right to submit requests in accordance
with paragraphs 1 to 3 above. The declaration will become effective on
the first day of the month following the expiration of a period of three
months after the date of its reception by the Secretary General.

 

Author: international

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