The European Code of Conduct on Partnership and NGO s experiences at the beginning of programming

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1 The European Code of Conduct on Partnership and NGO s experiences at the beginning of programming ENEA-MA Rome October 2012 Markus Trilling EU Funds Coordinator Friends of Earth Europe/CEE Bankwatch Network

2 Monitoring EU funds in CEE countries CEE Bankwatch Network is an international NGO with member organisations currently from 11 countries across the CEE and CIS region. Its mission is to prevent the environmentally and socially harmful impacts of international financial institutions and EU funding, and to promote alternative solutions and public participation. Friends of the Earth Europe unites more than 30 national environmental organisations with thousands of local groups and is part of the world s largest grassroots environmental network, Friends of the Earth International.

3 Enhancing partnership - reaching out to everyone Open Days strengthening partnership

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5 Citizens projects contest: since September Number of visitors Application downloads Bulgaria Czech Rep. Croatia Latvia Poland Slovakia Hungary Macedonia

6 Partnership and multi-level governance Proposals, discussions and experiences Open Days strengthening partnership

7 Article 5 CPR, Partnership and multi-level governance The EC s proposal: Strengthen the partnership principle Involve partners throughout the whole programming cycle, including partnership agreement Establish the European code of conduct for Partnership as a guidance to best practice, emphasising also different roles/skills of partners

8 Article 5 CPR, Partnership and multi-level governance The Council s position: Stay with national habits Delete the code of conduct The EP s proposal: Overall strengthen partnership but Promote a two class partnership with stronger engagement of administration and weaker socioeconomic partners and civil society

9 European Code of Conduct on Partnership strengths Selection of partners a wide scope; pluralism Involvement in all stages Illustrative examples of good practice Informing, reporting about how partnership was implemented Identifying obstacles and ways to address them Requiring a work programme, clear objectives, precise roadmap Strong role of monitoring committees Capacity-building, use of technical assistance, joint training Exchange of good practices

10 European Code of Conduct on Partnership weaknesses Environmental partners missing in ERDF/CF Not all programming documents covered (e.g. implem. docs., calls for proposals) Public consultation missing No reference to a single website (Art. 105) Publishing of contracts (Managing Auth. beneficiary), access to environmental information No requirement to inform affected communities ex-post appeal mechanisms through implementation reports

11 The Aarhus convention Access to environmental information Participation in decision-making PUBLIC PARTICIPATION : - IN DECISIONS ON SPECIFIC ACTIVITIES - CONCERNING PLANS, PROGRAMMES AND POLICIES RELATING TO THE ENVIRONMENT - DURING THE PREPARATION OF EXECUTIVE REGULATIONS AND/OR GENERALLY APPLICABLE LEGALLY BINDING NORMATIVE INSTRUMENTS

12 The Aarhus convention Minimum standards for participation reasonable time-frames for the different phases, allowing sufficient time early public participation, when all options are open and effective public participation can take place a transparent and fair framework, having provided the necessary information to the public draft rules should be published or otherwise made publicly available allow the public to submit any comments, information, analyses or opinions that it considers relevant due account is taken of the outcome of the public participation

13 PUBLIC PARTICIPATION : Aarhus, Article 8 - DURING THE PREPARATION OF EXECUTIVE REGULATIONS AND/OR GENERALLY APPLICABLE LEGALLY BINDING NORMATIVE INSTRUMENTS Each Party shall strive to promote effective public participation at an appropriate stage, and while options are still open, during the preparation by public authorities of executive regulations and other generally applicable legally binding rules that may have a significant effect on the environment. To this end, the following steps should be taken: (a) Time-frames sufficient for effective participation should be fixed; (b) Draft rules should be published or otherwise made publicly available; and (c) The public should be given the opportunity to comment, directly or through representative consultative bodies. The result of the public participation shall be taken into account as far as possible.

14 European Code of Conduct A new era or business as usual? Experiences of environmental NGOs in CEE

15 The Champions More transparent process Clear timeline Many opportunities to get involved NGOs in OP working groups, shadow monitoring committees Organization of workshops Written input to consultations Publication of all inputs and related documents on 1 website

16 The Latecomer Selection of NGO representatives dubious 1 representative for ALL sectors NGOs not in the drafting phase, only in consultation phase, (after approval in government) Time to work on documents too short (10 days; 3 weeks in August) -> practically eliminating participation Governments intermediaries Council for NGOs, plenipotentiaries act as buffer Weak feed-back mechanisms Little or no information at all

17 How can you benefit from partners involvement?