FOR INTERNAL USE ONLY - Article 19

ARTICLE 19GLOBAL CAMPAIGN FOR FREE EXPRESSION• The EIA Law should be amended to include detailed provisions on State bodies’responsibilities with regard to participatory decision-making.• The definition of ‘environmental information’ in the Law on Environmental Protectionshould be expanded and brought in line with the definition found in the Aarhus Convention.• The law should set out detailed obligations for private companies that receive public funds,fulfil public functions or hold information of public interest, for instance information on theenvironmental impact of their activities. The implementation of these provisions should beensured.• The provisions on public councils should be amended to include: a procedure of nominationand appointment of public council members; details on terms of office and on possibledischarge of members from their duties; and conflict of interest regulations.• The requirement to provide information on radiation to people about their place of residenceand employment in the Law On Human Protection against Ionising Radiation should bereplaced with a requirement to provide information for ‘the territory of Ukraine’, therebybringing the Law into line with the Law On the Use of Nuclear Energy and Radiation Safety.• The provision in Article 3(2) of the MEP Order ‘On the Approval of the Procedure ofProviding Environmental Information’ limiting environmental information requests to threequeries should be repealed.• Article 32 of the Law on Information should be amended to make local administrationbodies and companies obliged to provide information to the public." -.• An effective oversight system for compliance with freedom of information obligations shouldbe established, for instance through the creation of a freedom of information commission or afreedom of information commissioner to oversee implementation of existing legislation andhear appeals./-0 -0 1• The authorities should ensure that the public receives full, accurate and clear information onall plans and policies that affect environmental development.For Internal Use Only. Is Post-Chornobyl Ukraine Ready for Access to Environmental Information?ARTICLE 19, London, 2007*)