No C 102/6 Official Journal of the European Communities 24. 4. 90 
II 
(Preparatory Acts) 
COMMISSION 
Amended proposal for a Council Directive on the freedom of access to information on the 
environment (') 
COM(90) 91 final 
(Submitted by the Commission, pursuant to Article 149, paragraph 3 of the EEC Treaty on 
20 March 1990) 
(90/C 102/07) 
C) OJ No C 335, 30. 12. 1988, p. 5 [COM(88) 484 final]. 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 130s 
thereof, Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 130s 
thereof, 
Having regard to the proposal from the Commission, Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament ('), Having regard to the opinion of the European 
Parliament (x), 
Having regard to the opinion of the Economic and 
Social Committee, Having regard to the opinion of the Economic and 
Social Commitee (2), 
Considering the principles and objectives defined by the 
action programmes of the European Communities on the 
environment of 1973 ('), 1977 (2) and 1983 (J) and more 
particularly the action programme of 1987 ("), which 
underlines the 'need to render the whole process of regu­
lation and application of existing rules more transparent, 
particularly as far as public information is concerned' 
and calls for devising 'ways of improving public access to 
information held by environmental authorities'; Considering the principles and objectives defined by the 
action programmes of the European Communities on the 
environment of 1973 (J), 1977 (4) and 1983 (5) and more 
particularly the action programme of 1987 (6), which 
underlines the 'need to render the whole process of regu­
lation and application of existing rules more transparent, 
particularly as far as public information is concerned' 
and calls for devising 'ways of improving public access to 
information held by environmental authorities'; 
O OJ No C 112, 20. 12. 1973. 
(2) OJ No C 139, 13. 6. 1977. 
(3) OJ No C 46, 17. 2. 1983. 
(4) OJ No C 70, 18. 3. 1987. 0) OJ No C 120, 16. 5. 1989, p. 231. 
(2) OJ No C 139, 5. 6. 1989, p. 47. 
(») OJ No C 112, 20. 12. 1973. 
(4) OJ No C 139, 13. 6. 1977. 
(») OJ No C 46, 17. 2. 1983. 
(6) OJ No C 70, 18. 3. 1987. 
24. 4. 90 Official Journal of the European Communities No C 102/7 
ORIGINAL PROPOSAL 
Whereas the Council of European Communities and the 
representatives of the Governments of the Member 
States, meeting within the Council, declared in their 
resolution of 19 October 1987 on the continuation and 
implementation of a European Community policy and 
action programme on the environment (1987 to 1992) (*) 
that it was important, in compliance with the respective 
responsibilities of the Community and the Member 
States, to concentrate Community action on certain 
priority areas, including better access to information on 
the environment; 
Whereas the European Parliament also stressed, in its 
opinion on the fourth action programme of the 
European Communities on the environment (2) the need 
to enable each individual to gain access to information 
on the environment by way of specific Community 
action; 
Whereas the public authorities hold a large quantity of 
data on the environment, collected or prepared in the 
exercise of their legal powers; 
Whereas free access to data on the environment held by 
the public authorities would help to increase public 
participation in the procedures to control pollution and 
prevent damage to the environment; whereas, 
accordingly, it could make an effective contribution to 
achieving the objectives of Community action on the 
environment, in line with Article 130r (2) of the EEC 
Treaty; 
Whereas isolated action by the Member States cannot 
adequately guarantee the elimination of obstacles to 
access to data on the environment held by the public 
authorities, particularly in the case of cross-frontier 
pollution; whereas, consequently, Community action 
seems necessary in accordance with Article 130r (4) of 
the EEC Treaty; 
Whereas the numberous disparities between the laws in 
force in the Member States concerning access to data on 
the environment held by the public authorities can create 
unequal conditions of competition; 
(*) OJ No C 289, 29. 10. 1987. 
O OJ No C 156, 15. 6. 1987. AMENDED PROPOSAL 
Whereas the Council of the European Communities and 
the representatives of the Governments of the Member 
States, meeting within the Council, declared in their 
resolution of 19 October 1987 on the continuation and 
implementation of a European Community policy and 
action programme on the environment (1987 to 1992) (*) 
that it was important, in compliance with the respective 
responsibilities of the Community and the Member 
States, to concentrate Community action on certain 
priority areas, including better access to information on 
the environment. 
Whereas the European Parliament also stressed, in its 
opinion on the fourth action programme of the 
European Communities on the environment (2), the need 
to enable each individual to gain access to information 
on the environment by way of specific Community 
action; 
New recital 
Whereas freedom of information is an essential feature 
of a democratic society; 
Whereas the public authorities hold a large quantity of 
data on the environment, collected or prepared in the 
exercise of their legal powers; 
Whereas free access to data on the environment held by 
the public authorities would help to increase public 
participation in the procedures to control pollution and 
prevent damage to the environment; whereas, 
accordingly, it could make an effective contribution to 
achieving the objectives of Community action on the 
environment, in line with Article 130r (2) of the EEC 
Treaty; 
Whereas isolated action by the Member States cannot 
adequately guarantee the elimination of obstacles to 
access to data on the environment held by the public 
authorities, particularly in the case of cross-frontier 
pollution, whereas, consequently, Community action 
seems necessary in accordance with Article 130r (4) of 
the EEC Treaty; 
Whereas the numerous disparities between the laws in 
force in the Member States concerning access to data on 
the environment held by the public authorities can create 
unequal conditions of competition; 
(') OJ No C 289, 29. 10. 1987. 
(2) OJ No C 156, 15. 6. 1987. 
No C 102/8 Official Journal of the European Communities 24. 4. 90 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Whereas the obligations imposed by this Directive should 
place no new administrative or financial burdens on busi­
nesses; Whereas the obligations imposed by this Directive should 
place no new administrative or financial burdens on busi­
nesses; 
Whereas the priority objective of Community action 
should be to guarantee, throughout the Community, free 
access to data held by the public authorities concerning 
the state of the environment, polluting activities or acti­
vities likely to damage the environment and protection of 
remedial measures taken or envisaged; Whereas the priority objective of Community action 
should be to guarantee, throughout the Community, free 
access to data held by the public authorities concerning 
the state of the environment, polluting activities or acti­
vities likely to damage the environment and protection of 
remedial measures taken or envisaged; 
Whereas not only the data contained in written 
documents but also the data incorporated in data-
processing bases and visual recordings held by the public 
authorities must be accessible to the public; Whereas not only the data contained in written 
documents but also the data incorporated in data-
processing bases and acoustic and visual recordings held 
by the public authorities must be accessible to the public; 
Whereas free access must be ensured even with regard to 
data supplied to the government by other persons where 
the government could legitimately demand transmission 
of that information or obtain it itself; whereas it must 
not be limited solely to persons who can prove a 
legitimate interest in the case; Whereas free access must be ensured even with regard to 
data supplied to the government by other persons where 
the government could legitimately demand transmission 
of that information or obtain it itself; whereas it must 
not be limited solely to persons who can prove a 
legitimate interest in the case; 
Whereas a provision recognizing the right of access of 
every natural or legal person to information on the envi­
ronment held by the public authorities would eliminate 
any discrimination on the grounds of the nationality or 
place of residence of natural persons or of the articles of 
association of place of business of legal persons and thus 
guarantee elimination of the obstacles to the freedom of 
access to information on the environment in the case of 
cross-frontier pollution; Whereas a provision recognizing the right of access of 
every natural or legal person to information on the envi­
ronment held by the public authorities would eliminate 
any discrimination on the grounds of the nationality or 
place of residence of natural persons or of the articles of 
association of place of business of legal persons and thus 
guarantee elimination of the obstacles to the freedom of 
access to information on the environment in the case of 
cross-frontier pollution; 
Whereas decisions refusing the supply or consultation of 
data on the environment held by the public authorities 
must be justified and notified in writing; whereas the 
applicant must always have the possibility of appealing 
against such decisions; Whereas decisions refusing requests for information must 
be justified and notified in writing; whereas the applicant 
must always have the possibility of appealing against 
such decisions; 
Whereas the protection of the essential interests of the 
Member States, companies and private individuals 
requires the establishment of a number of exceptions to 
the right of access to information on the environment 
held by the public authorities; Whereas the protection of the essential interests of the 
Member States, companies and private individuals 
requires the establishment of a number of exceptions to 
the right of access to information on the environment 
held by the public authorities; 
Whereas active publicity should play an important role as 
part of an overall strategy to disseminate information on 
the environment; whereas, consequently, it seems 
necessary to make the publication of national reports on 
the state of the environment obligatory, to lay down the 
minimum frequency of publication of these reports and 
to harmonize the broad outline of their content, Whereas active publicity should play an important role as 
part of an overall strategy to disseminate information on 
the environment; whereas, consequently, it seems 
necessary to make the publication of national reports on 
the state of the environment obligatory, to lay down the 
minimum frequency of publication of these reports and 
to harmonize the broad outline of their content, 
24. 4. 90 Official Journal of the European Communities No C 102/9 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
HAS ADOPTED THIS DIRECTIVE: HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Freedom of access to information on the environment 
held by the public auhtorities and its dissemination shall 
be ensured throughout the Community in accordance 
with the provisions of this Directive. Article 1 
Freedom of access to information on the environment 
held by the public authorities and its dissemination shall 
be ensured throughout the Community in accordance 
with the provisions of this Directive. 
Article 2 
For the purposes of this Directive: 
(a) 'Information relating to the environment' means all 
data, of a factual or legal nature, concerning: 
— the state of water, air, soil, fauna, flora and 
natural sites and any changes therein, 
— public or private projects and activities likely to 
damage the environment, or endanger human 
health and plant or animal species, in particular 
as regards emission, discharge or release of 
substances, living organisms or energy into water, 
the air or soil and the manufacture and use of 
dangerous products or substances, 
— measures to preserve, protect and improve the 
quality of water, air, soil, fauna, flora and 
natural sites plus measures designed to prevent 
damage and repair any damage caused. Article 2 
For the purposes of this Directive: 
(a) 'Information relating to the environment' means all 
data, of a factual or legal nature, concerning: 
— the state of water, air, soil, fauna, flora and 
natural sites and any changes therein, 
— public or private projects and activities likely to 
damage the environment, or endanger human 
health and plant or animal species, in particular 
as regards emission, discharge or release of 
substances, living organisms or energy into water, 
the air or soil, noise levels and radioactive 
radiation, and the manufacture and use of 
dangerous products or substances, 
— measures to preserve, protect and improve the 
quality of water, air, soil, fauna, flora and 
natural sites plus measures designed to prevent 
damage and repair any damage caused. 
This concerns in particular data relating to emissions 
and discharges from authorized or declared instal­
lations, actual emissions and discharges, 
measurement, surveillance and monitoring results, 
particularly where limit values laid down have been 
exceeded, and data on the nature and composition of 
dangerous products and substances. 
(b) 'Information held by the public authorities' means all 
existing data collected or prepared by the bodies 
referred to in paragraph (c) which are contained: 
in written documents, such as reports, studies, 
opinions and decisions, with the exception of 
unfinished documents, 
in data-processing bases, and 
in visual recordings. (b) 'Information held by the public authorities' means all 
available data collected or prepared by the bodies 
referred to in paragraph (c) which are contained: 
— in registers, land registers and inventories, 
— in written documents, such as reports, studies, 
opinions and decisions, 
in data-processing bases, and 
in accoustic and visual recordings, with the 
exception of unfinished and internal documents. 
No C 102/10 Official Journal of the European Communities 24. 4. 90 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
This also includes information supplied by other 
people when the body receiving the information had 
the right to obtain it itself or to demand transmission 
of that information in exercising its legal powers. This also includes information supplied by other 
people when the body receiving the information had 
the right to obtain it itself or to demand transmission 
of that information in exercising its legal powers. 
(c) 'Public authorities' means State administrations and 
any public body or State-supervised body with 
powers at national, regional or local level. (c) 'Public authorities' means State administrations and 
any other public body or body with public service 
prerogatives with environmental powers at national, 
regional or local level. 
Bodies exercising judicial powers or legislative bodies 
are not included in the definition in the proceeding 
paragraph. Bodies exercising judicial powers or legislative bodies 
are not included in the definition in the preceding 
paragraph. 
Article 3 
The right of access to information on the environment 
held by the public authorities shall be guaranteed to any 
natural or legal person without their having to display an 
interest. Article 3 
The right of access to information on the environment 
held by the public auhtorities shall be guaranteed to any 
natural or legal person without their having to display an 
interest. 
Article 4 
1. Access to information contained in the written 
documents referred to at the first indent of Article 2 (b) 
shall be, by written request and at the option of the 
applicant, either by consultation free-of-charge on the 
spot or by the issue of copies, in which case the applicant 
shall be charged the actual cost of reproduction. Article 4 
1. Access to information contained in the documents 
referred to in Article 2 (b) shall be, by written request, 
either by consultation free-of-charge on the spot or by 
the issue of copies or by graphical or sound repro­
ductions. 
2. The information contained in data-processing bases 
and visual recordings in the possession of the authorities 
shall also be obtainable in written form under the 
conditions set out in the preceding paragraph. 2. The applicant may be charged the cost of such 
access provided it does not exceed the actual cost. 
Article 5 
1. Any request for information on the environment 
held by the public authorities shall indicate as accurately 
as possible the purpose of the request. Article 5 
1. Any request for information on the environment, 
held by the public authorities shall give an accurate indi­
cation of the purpose of the request. 
2. The authorities shall take any measures needed to 
identify and make available to the applicant the 
documents containing the information in question. 2. The authorities shall take any measures needed to 
identify and make available to the applicant the 
documents containing the information in question. 
Article 6 
1. Any refusal to supply information on the envi­
ronment held by the public authorities shall be explained 
in a reasoned decision which shall be notified in writing 
to the application. Article 6 
(becomes Article 7) 
1. Any refusal of requests for information shall be 
accompanied by a reasoned explanation which shall be 
notified in writing to the applicant. 
24. 4. 90 Official Journal of the European Communities NoC 102/11 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
2. Failure to give notification within a period of one 
month shall amount to refusal. 2. Where details or parts of documentation are 
omitted, there should be an indication of where the 
omitted information should be inserted in the existing 
information. 
3. Failure to give notification within a period of one 
month shall amount to refusal. 
Article 7 
Within the scope of this Directive the justification of an 
express or tacit decision to refuse information by the 
authorities shall be subject to administrative and legal 
control by the means available to each national legal 
system. Article 7 
(becomes Article 8) 
Any decision to refuse information by the authorities in 
the areas covered by this Directive shall be subject to 
administrative and legal control by the means available 
to each national legal system. 
Article 8 
1. The right of access to information guaranteed by 
this Directive may be restricted where it would affect: 
— the secrecy of government proceedings, 
— the secrecy of international negotiations, 
— the secrecy of national defence, 
— State security or public security, 
— the secrecy of procedures brought before the courts, 
— trade and industrial secrecy, 
— privacy and, in particular, compliance with national 
provisions to protect the confidentiality of personal 
data held in administrative archives and files. 
2. The documents held by public authorities shall be 
supplied in part where it is possible to eliminate from the 
copy to be supplied to the applicant items which, if 
disseminated, would affect the interests referred to in the 
preceding paragraph. Article 8 
(becomes Article 6) 
1. The right of access to information guaranteed by 
this Directive may be restricted where it would affect: 
— the secrecy of government proceedings, 
— the secrecy of international negotiations, 
— the secrecy of national defence, 
— State security or public security, 
— the secrecy of procedures brought before the courts, 
inquiries or preliminary judicial investigations, 
— trade and industrial secrecy, 
— privacy and, in particular, compliance with national 
provisions to protection the confidentiality of 
personal data held in administrative archives and 
files. 
2. The documents held by public authorities shall be 
supplied in part where it is possible to eliminate from the 
copy to be supplied to the applicant items which, if 
disseminated, would affect the interests referred to in the 
preceding paragraph. 
3. Reasons involving privacy or trade and industrial 
secrecy relating to facts which are personal to the 
applicant may not be held against him. 3. Reasons involving privacy or trade and industrial 
secrecy relating to facts which are personal to the 
applicant may not be held against him. 
4. The public authorities may refuse any manifestly 4. The public authorities may refuse any manifestly 
unreasonable request. unreasonable request. 
No C 102/12 Official Journal of the European Communities 24. 4. 90 
ORIGINAL PROPOSAL 
Article 9 
1. At least every three years from 1 January 1992 
onwards Member States shall publish and disseminate a 
report on the state of the environment containing a 
general analysis of the national situation, the state of 
water, air, soil, flora, fauna and natural sites and a 
description of the principal measures taken or planned to 
preserve, protect and improve the quality of the envi­
ronment and to repair any damage caused. 
2. The national reports on the state of the envi­
ronment shall be transmitted to the Commission as soon 
as they are published. 
Article 10 
1. Member States shall bring into force the laws, 
regulations and administrative provisions necessary to 
comply with this Directive by ... at the latest. They shall 
forthwith inform the Commission thereof. 
2. Member States shall communicate to the 
Commission the main provisions of national law which 
they adopt in the field governed by this Directive. 
Article 11 AMENDED PROPOSAL 
Article 9 
1. At least every three years from 1 January 1992 
onwards Member States shall publish and disseminate a 
report on the state of the environment containing a 
general description of the national situation, the state of 
water, air, soil, flora, fauna and natural sites and a 
description of the principal measures taken or planned to 
preserve, protect and improve the quality of the envi­
ronment and to repair any damage caused. 
2. The national reports on the state of the envi­
ronment shall be transmitted to the Commission as soon 
as they are published. 
Article 10 
1. Member States shall bring into force the laws, 
regulations and administrative provisions necessary to 
comply with this Directive by 31 December 1990 at the 
latest. They shall forthwith inform the Commission 
thereof. 
2. Member States shall communicate to the 
Commission the main provisions of national law which 
they adopt in the field governed by this Directive. 
Article 11 
This Directive is adressed to the Member States. This Directive is addressed to the Member States.