Guarantees implementation and access to environmental information and public participation in environmental matters.
Each Party to the Agreement shall ensure the public’s right of access to environmental information in its possession, control or custody, in accordance with the principle of maximum disclosure. The exercise of the right of access to environmental information includes:
(a) requesting and receiving information from competent authorities without mentioning any special interest or explaining the reasons for the request;
(b) being informed promptly whether the requested information is in the possession (or not) of the competent authority receiving the request; and
(c) being informed of the right to challenge and appeal when information is not delivered, and of the requirements for exercising this right.
Each Party shall facilitate access to environmental information for persons or groups in vulnerable situations, establishing procedures for the provision of assistance, from the formulation of requests through to the delivery of the information, considering their conditions and specificities, for the purpose of promoting access and participation under equal conditions.
Each Party shall guarantee that the above-mentioned persons or groups in vulnerable situations, including indigenous peoples and ethnic groups, receive assistance in preparing their requests and obtaining a response.
The Agreement also guarantees the right to public participation in environmental decision-making processes and access to justice in environmental matters.
Furthermore, Argentine Federal Law No. 25,831 on “Free Access to Environmental Public Information” provides minimum environmental protection standards ensuring the right of access to public environmental information. According to the law, entities and individuals have free access to public environmental information.