CYIL Vol. 7, 2016

BIRUTĖ PRANEVIČIENĖ – VIOLETA VASILIAUSKIENĖK CYIL 7 ȍ2016Ȏ As to the right to information, the relevant question from the ones mentioned above is that of the contents of the notification and the information provided in other steps of the EIA procedure. On 15 September 2009, Belarus sent Lithuania and the other affected Parties “a preliminary EIA report” including justification of the selection of the Ostrovets site as the priority site for the planned activity made “on the basis of research results and according to International Atomic Energy Authority (IAEA) standards”. 50 But later it became known that the preliminary EIA report is only a shortened version of the full report that is available in Minsk, on governmental premises, and is accessible only during working hours. 51 The Committee noted that there were problems with the translation of the documents provided to Lithuania and stated that “a better translation of the documents would have allowed for proper public participation, by ensuring a non-discriminatory process of participation in line with Article 2, paragraph 6 [of the Espoo Convention]”. 52 The burden of translation falls upon the state where the activity is planned. The scope of the information to be translated is agreed upon by the concerned parties when responding to the initial notification starting the transboundary EIA procedure. The Committee stated in its conclusions that “the documentation to be translated should, as a minimum, include the non-technical summary and those parts of the EIA documentation that were necessary to provide an opportunity to the public of the affected Party to participate that was equivalent to that provided to the public of the Party of origin. The Committee recommended that EIA documentation should include a separate chapter on transboundary impact to facilitate translation. 53 The final conclusion of the Committee was that Belarus was in non-compliance with Article 4, paragraph 2 because it did not inform Lithuania of the availability of the final EIA report and did not submit it for comments to Lithuania. 54 In June 2014, the sixth meeting of the Parties to the Espoo Convention further acknowledged that Belarus was implementing the NPP project in non-compliance with the Espoo Convention and identified key issues to correct and to eliminate the non-compliance.

2.3 The Right to Information in the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters

The main legal act providing the right not only to the states but also to citizens and their groups to get information about the environment is the United Nations 50 Ibid ., 13. 51 United Nations Economic Commission for Europe. ‘Decision IV/9b on compliance by Belarus with its obligations under the Convention’ (Meeting of the Parties to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, Fourth session. Chisinau, 29 June –1 July 2011) ECE/MP.PP/2011/2/Add.1, 4.

52 Ibid . 53 Ibid . 54 Ibid , para 64.

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