WRITTEN QUESTION No. 332/98 by Karin RIIS-JØRGENSEN to the Commission. Directive 90/313/EEC on the freedom of access to information on the environment
Date: 1998-02-17
Institutions: European Parliament, RIIS-JOERGENSEN
Subjects: access to information, administrative transparency, environmental policy, environmental protection, public authorities, right to information

21. 10. 98

EN

Official Journal of the European Communities

C 323/31

Answer

(6 July 1998)

The question raised by the Honourable Member has not been discussed within the Council(cid:146)s subordinate bodies.

(98/C 323/38)

WRITTEN QUESTION E-0332/98

by Karin Riis-Jłrgensen (ELDR) to the Commission

(17 February 1998)

Subject: Directive 90/313/EEC on the freedom of access to information on the environment

In its answer of 6 January 1998 to Written Question E-3586/97 (1) the Commission states that the Member States
are  required,  under  Article  6  of  Directive  90/313/EEC  on  the  freedom  of  access  to  information  on  the
environment (2), to ensure that bodies with public responsibilities for the environment and under the control of
public authorities make information on the environment available on the same terms and conditions as public
authorities.

Private  organisations  and  undertakings  carrying  out  public  nature  protection  tasks  involving,  for  example,
threatened and sick animals, are not necessarily covered by the condition in Article 6 that they must be subject to
the  control  of  public  authorities.  Does  the  Commission  believe  that  this  is  compatible  with  the  objective  of
Directive 90/313/EEC? Furthermore, should there in its view be any doubt at all about private organisations and
undertakings with public responsibilities being covered by the Directive?

(1)  OJ C 174, 8.6.1998, p. 79.
(2)  OJ L 158, 23.6.1990, p. 56.

Answer given by Mrs Bjerregaard on behalf of the Commission

(26 March 1998)

Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment (1)
ensures freedom to information held by the public authorities. It also ensures its dissemination and sets the basic
conditions for making it accessible. To that end, Article 3 stipulates that Member States must ensure that public
authorities are required to make available information relating to the environment to any natural or legal person
at his request and without his having to prove an interest. In accordance with Article 6 of the Directive, this
obligation also applies to bodies with public responsibilities for the environment and under the control of public
authorities.

Under the current terms of the Directive, only public authorities and bodies with public responsibilities for the
environment  under  the  control  of  public  authorities  are  required  to  make  the  information  they  hold  on  the
environment available to the public. In her question, the Honourable Member specifies that the organisations and
bodies to which she refers fail to meet one of the conditions set out in Article 6. The inference must therefore be
that they are not covered by that Article.

With regard to the last part of the question, the Commission has insufficient information to be altogether sure of
the focus of the Honourable Member(cid:146)s concern. Without further details it cannot provide a useful answer.

(1)  OJ L 158, 23.6.1990.