COUNCIL DECISION

of 18 December 2006

on the conclusion, on behalf of the European Community, of an amendment to the Convention on access to information, public participation in decision-making and access to justice in environmental matters

(2006/957/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1), in conjunction with the first sentence of the first subparagraph of Article 300(2), and the first subparagraph of Article 300(3), thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament,

Whereas:

(1) The UN/ECE Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention) aims to grant the public rights, and imposes obligations on Parties and public authorities, regarding access to information and public participation and access to justice regarding environmental matters.

(2) The European Community, in accordance with the Treaty, and in particular Article 175(1) thereof, has competence, together with its Member States, to enter into international agreements that contribute to the pursuit of the objectives listed in Article 174(1) of the Treaty and to implement the resulting obligations.

(3) The Community signed the Aarhus Convention on 25 June 1998. The Convention entered into force on 30 October 2001. The Community approved the Convention on 17 February 2005, in accordance with Council Decision 2005/370/EC (1).

(4) The second meeting of the Parties, held on 25-27 May 2005, adopted an amendment to the Aarhus Convention making more specific the obligations placed on Parties with regard to public participation in genetically modified organism (GMO) decision-making processes. Relevant Community law governing GMOs, and in particular Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms (2) and Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (3), incorporates provisions for public participation in decision-making on GMOs, consistent with the amendment to the Aarhus Convention.

(5) The amendment to the Aarhus Convention has been open for ratification, acceptance or approval by Parties since 27 September 2005. The European Community and its Member States should take the necessary steps to permit the deposit, as far as possible simultaneously, of their instruments of ratification, acceptance or approval.

(6) The amendment to the Aarhus Convention should be approved,

HAS DECIDED AS FOLLOWS:

Article 1 The amendment to the Aarhus Convention concerning public participation in decision-making on genetically modified organisms is hereby approved on behalf of the Community. The text of the amendment to the Aarhus Convention is attached to this Decision.

Article 2 1. The President of the Council is hereby authorised to designate the person(s) empowered to deposit the instrument of approval of the amendment with the Secretary-General of the United Nations, in accordance with Article 14 of the Aarhus Convention. 2. The European Community and Member States which are Parties to the Aarhus Convention shall endeavour to deposit as soon as possible, and not later than 1 February 2008, their instruments of ratification, acceptance or approval of the amendment.

Article 3 This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 18 December 2006. For the Council The President J.-E. ENESTAM

(1) OJ L 124, 17.5.2005, p. 1.

(2) OJ L 106, 17.4.2001, p. 1. Directive as last amended by Regulation (EC) No 1830/2003 (OJ L 268, 18.10.2003, p. 24).

(3) OJ L 268, 18.10.2003, p. 1.