The Aarhus Convention is an international agreement which lays down a set of basic rules to promote citizens’ involvement in environmental matters and improve enforcement of environmental law.
In particular, it grants the public access to environmental information, provides for participation in environmental decision-making, and allows the public to seek judicial redress when environmental law is infringed.
In 2004, the European Commission adopted three legislative proposals toward full application of the Aarhus Convention, launching the final step in implementing its provisions into EU law.
The Commission has made the following three proposals:
Proposal for a Regulation on application of the Aarhus principles to the EU institutions and bodies;
Proposal for a Directive on access to justice on environmental matters;
Proposal for a Decision on conclusion by the EU of the Aarhus Convention.
Vote of the European Parliament
On 17-18 January 2006 the vote in second reading on the application of Aarhus Convention principles to the EU institutions and bodies was held in the plenary. Environmental NGOs have welcomed the vote, which gives access to information and public participation in the decision making of environment issues. This implies for example that the European Investment Bank will also be subject to the requirements of transparency and public involvement.
However, the European Parliament rejected the amendment which allows environmental NGOs to take European Institutions to the European Court of Justice in case of violation of access to information and public participation.
Joint agreement by the Council and the European Parliament - May 2006
Under the chairmanship of the Austrian Presidency, members of the European Parliament and representatives of Member States reached an agreement during the procedure of conciliation.
The key changes are the following:
Community institutions will take into account the outcome of the public participation in taking decision on a plan or programme relating the the environment and inform the public;
Establishment of a delay of 15 working days for an answer from the institutions to a request for access to information;
Refusal to disclose information must be interpret in a restrictive way.
Delays to receive comments from the public are extended to 8 weeks
Extension to 6 weeks of the delay for NGOs to present a request for a review of a Community act.
Please note that for the final legislative act to be adopted, the agreement must be endorsed now by the Parliament by absolute majority and the Council (qualified majority).
Environmental Democracy
A new report entitled "Environmental Democracy" has been published based on the findings of The Access Initiative. The report assesses the status of the three "access rights" that were internationally recognised by governments who signed the Aarhus Convention in 1998. The report evaluates the status of access rights implementation in Bulgaria, Estonia, Hungary, Latvia, Lithuania, Poland, Portugal and Ukraine. These rights refer to access to information, public participation in decision-making and access to justice in environmental matters. Summary of findings:
Legal frameworks strongly support meaningful implementation of access rights
Access to information is generally satisfactory in practice.
Participation in decision-making exists, but cannot guarantee that the public is heard.
Access to justice is gradually opening up for environmental matters.
Capacity building on the regulatory framework and implementation procedures is severely needed
For more information please see the full article by the Health and Environmental Alliance
For further information, please see:
http://europa.eu.int/comm/environment/aarhus/index.htm (includes the full text of the three proposed directives)
RAPID Memo, "Questions and Answers on the Aarhus Convention"
RAPID Press Release, "Environmental democracy: Commission promotes citizens’ involvement in environmental matters"
