The Right to Environmental Information

One year ago a new Norwegian Act on the Right to Environmental Information entered into force. It provides all citizens with a legal right to obtain environmental information, both from public authorities and from public and private enterprises. An appeals board has been established to consider complaints related to the follow up of this Act in private enterprises. (28.01.05)

The right to information is a basic democratic right and at the same time a necessary instrument in strengthening the implementation of environmental policies. The Norwegian Parliament adopted in February 2003 a new Act on the Right to Environmental Information. This is inter alia seen as a part of the following up on the Aarhus Convention. The act entered into force 1 January 2004 and provides all citizens with a legal right to obtain environmental information, both from public authorities and from public and private enterprises.

Already in 1992 a provision on the right to environmental information was included in the Constitution and the new Act is an important step in making this provision more concrete and operational. The new act is the result of a proposal from a broadly composed committee, where also industry was represented.

Private enterprises

The act involves new obligations for private enterprises to provide environmental information to citizens upon request. All areas of economic activity are included. It gives citizens the right to demand information on everything from production processes to the content of the products that are used and sold. Information on substances or product attributes harmful to health and the environment shall be available at all stages of production and use and be readily available for the users of the products.

Information on substances or product attributes harmful to health and the environment shall be available at all stages of production and use and be readily available for the users of the products. Not all products create environmental problems in Norway, but production and distribution abroad may be environmentally harmful. The new Act will give citizens the right to ask also for this kind of information. Examples

An appeals board has been established to ensure that the Act is complied with and to consider complaints related to the follow up of this Act in private enterprises. Half of the members of the appeals board are people with an industry background, and the other half is people with a background in an environmental organisation, a consumer organisation or media.

Public authorities

The Act also extends the right of citizens to obtain information about the environmental consequences of the activities and decisions of public bodies. This right applies to state, country and municipal bodies. People are entitled both to know whether public bodies follow up their own goals concerning environmentally friendly operation, and to get information about the environmental consequences of public administration and decisions of public bodies. The Act requires that public bodies are required to have knowledge and general information about the environment and make it easily available to the general public. The objective is that citizens shall be able to follow – and have an overview of – the development of environmental problems, both nationally and locally.

The municipalities will have a special responsibility for ensuring that the inhabitants of the municipality have access to environmental information. Public bodies must further more strengthen administrative procedures in dealing with requests for access to information. The Act states that information, which is requested from public bodies, must be provided as soon as possible and at the latest within 15 days. The public sector is also obliged to make the information easily available and understandable.

For further information, contact The Norwegian Ministry of the Environment:
phone: + 47 22 24 58 03
e-mail:postmottak@md.dep.no

• More information in Norwegian
• Aarhus Clearinghouse for Environmental Democracy (UNECE)

Examples on how the Act may be used:

All areas of economic activity are included in the Act (industrial production as well as service industries and the Act also includes such areas as agriculture and forestry). It gives citizens the right to demand information on everything from production processes to the content of the products which are used and which are sold:

• Neighbours to a polluting industrial enterprise have the right to know what substances the enterprise is releasing to the environment and what effects these substances have on the environment.
• A paint dealer must be able to answer questions about what substances the products he uses or sells contain which can harm the environment, and a farmer must be able to answer questions about which pesticides he uses. Information on substances or product attributes harmful to health and the environment shall be available at all stages of production and use and be readily available for the users of the products.
• Not all products create environmental problems in Norway, but production and distribution abroad may be environmentally harmful, for example garden furniture made of timber from threatened rain forests. The new Act will give citizens the right to ask also for this kind of information. This can help to support ethical and environmentally aware consumption, and increase awareness of the environmental consequences of Norwegian consumption patterns also outside of Norwegian borders.