CYIL vol. 7 (2016)

372

BIRUTĖ PRANEVIČIENĖ – VIOLETA VASILIAUSKIENĖK

CYIL 7 ȍ2016Ȏ

in paragraph 3 and include those cases where the public authority does not have the

information requested, where the request is formulated in a manner too general, or

if the matter concerns internal communications between public authorities. Further

grounds of refusal are set out in para. 4 of the above mentioned Article. If the state

refuses to submit the information requested, the refusal has to be in writing and has

to state the reasons for refusal.

Furthermore, Article 6 provides that during the environmental impact assessment

process the public should have access for examination “to all information relevant

to the decision-making referred to in [Article 6] that is available at the time of the

public participation procedure.” According to the Convention, States parties should

at least provide the following information:

“(a)A description of the site and the physical and 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;

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.”

In this particular case the important question is the subject who is entitled to

receive information. There are two different terms used in the text of the Convention

– ‘public’ and ‘public concerned’. In the first pillar – the right to seek and receive

information, any member of the ‘public’ may request information (the notion of ‘public’

will be discussed further). The novelty of the Aarhus Convention lies namely in this

particular feature that “any person” may apply for information to state authorities and

may receive it. ‘Any person’ means individual persons and legal persons, which may

also be associations, organisations and groups.

These are mentioned for emphasis,

and this is for the purpose that “associations, organizations or groups without

legal personality may also be considered to be members of the public under the

Convention.”

These notions are qualified by the reference to national legislation or

practice. Therefore, it can be stated that

ad hoc

formations can only be considered to

be members of the public where the requirements established by national legislation

Aarhus Convention Implementation Guide (supra n 31) 55.

Ibid