Proposal for a Directive of the European Parliament and of the Council on public access to environmental information
Date: 2000-06-29
Institutions: European Commission
Subjects: EC Directive, access to information, dissemination of information, environmental policy, law relating to information

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Proposal for a Directive of the European Parliament and of the Council on public access to
environmental information

(2000/C 337 E/24)

(Text with EEA relevance)

COM(2000) 402 final (cid:14) 2000/0169(COD)

(Submitted by the Commission on 29 June 2000)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) Public access to environmental information held by public
to an increased awareness of
authorities contributes
environmental matters and thus improves environmental
protection.

(2) Council Directive 90/313/EEC (1) of 7 June 1990, on the
freedom of access to information on the environment
initiated a process of openness in relation to public
access to environmental
information which should be
fostered and continued.

(3) Article 8 of

that Directive requires Member States to
report to the Commission on the experience gained in
the light of which the Commission is required to make
to the European Parliament and the Council
a report
together with any proposal for revision of the Directive
which it may consider appropriate.

(4) The report under Article 8 of that Directive identifies
practical
the Directive and was adopted by the

encountered

problems

the

in

concrete
application of
Commission on . . .

(5) On 25 June 1998 the European Community signed the
UN/ECE Convention on Access to Information, Public
Participation in Decision-Making and Access to Justice in
Environmental Matters
(;the Aarhus Convention<) and
provisions of Community law must be aligned with that
Convention with a view to its
ratification by the
Community.

(1) OJ L 158, 23.6.1990, p. 56.

(6) It is appropriate in the interest of increased transparency
to replace Directive 90/313/EEC rather than to amend it
so as to provide interested parties with a single clear and
coherent legislative text.

(7) Disparities between the laws in force in the Member States
concerning access to environmental information held by
public
inequality within the
Community as regards access to such information or as
regards conditions of competition.

can create

authorities

(8) It is necessary to ensure that any natural and legal person
in the Community has the right of access to environ-
mental
information held by or for public authorities
without his having to state an interest.

(9) It is also necessary to ensure that public authorities make
information to
available and disseminate environmental
the general public as a matter of course by means in
particular of
telecommunication
and/or electronic technology.

computer

available

(10) The definition of environmental

information should be
widened so as to encompass specifically information in
any form on the state of the environment; on factors,
the
measures or activities affecting or likely to affect
it, on
environment and on those designed to protect
emissions,
into the
environment, on the cost benefit and economic analyses
used within the framework of such measures or activities;
and on the state of human health and safety, conditions of
human life, cultural sites and built structures in as much
as they are affected or likely to be affected by any of those
matters.

and other

discharges

releases

authorities

(11) To take account of the principle in Article 6 of the Treaty
that environmental protection requirements should be
integrated into the definition and implementation of
the definition of
Community policies and activities,
public
to
encompass specifically government or other public admin-
istration at national, regional or local level whether having
specific responsibilities for the environment or not, and
other persons or bodies exercising functions or providing
services relating directly or indirectly to the environment
under the control of government or a public adminis-
tration.

should be

expanded

so as

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(12) Services of general

interest

the public sector;

traditionally performed by
public authorities or public utilities are increasingly
being carried out by bodies which no longer form part
of
those bodies hold environmental
information to which the public should continue to
have a right of access; unless specific provision is made,
the public in some Member States will no longer have
rights of access to environmental
information held by
such bodies; in terms of environmental protection, it is
undesirable for such inconsistencies to arise between, and
even within, Member States as a consequence only of
reorganisations
such
services; accordingly, the scope of this Directive should
extend to legal persons entrusted by law, or under
arrangements with other public authorities, with the
operation of services of general economic interest which
affect or are likely to affect the environment.

carrying out of

affecting the

(13) Taking

account of ways

in which environmental
information is physically stored,
information which is
held on behalf of public authorities by other bodies
under arrangements made between them should also fall
within the scope of this directive.

(14) Environmental

In specific

information should be made available to
applicants as soon as possible and within a reasonable
time.
an applicant
voluntarily states that he is requesting information for a
should make
specific
reasonable efforts to enable the applicant to fulfil that
purpose.

circumstances where

authorities

purpose,

public

(15) Public authorities should make environmental information
available in the form or format requested by an applicant
except in certain specified cases where such a request may
be refused.

(16) To this end, public authorities should be required to make
environmental
to maintain
reasonable
information held by or for them in forms or formats
that are readily reproducible and accessible by computer
telecommunication networks.

efforts

the

(17) Member

States

practical
arrangements under which such information is effectively
made available.

determine

should

the

(18) Public authorities should be able to refuse a request for
environmental information in specific and clearly defined
cases. In some of those cases, the public interest served by
disclosure should be weighed against the interest served
by the refusal to disclose and access to the information
requested should be granted if the public interest served

the

that
the European Parliament and of

by disclosure outweighs the specific interest protected by
the non-disclosure. Within this framework, Member States
requirements of Directive
should
ensure
95/46/EC (1) of
the
Council on the protection of individuals with regard to
the processing of personal data and on the free movement
of such data are respected. The reasons for a refusal must
be provided to the applicant within an appropriate time-
limit.

(19) Information on emissions, discharges and other releases
into the
to the provisions of
subject
Community legislation should not be withheld by virtue
of the protection of commercial or industrial information.

environment

(20) Public authorities should make environmental information
available in part where it is possible to separate out any
information falling within the scope of
the exceptions
from the rest of the information requested.

(21) Public authorities should be able to make a charge for
supplying environmental information but such a charge
should not
In this
connection, a schedule of charges should be publicised
and made available to applicants. Advance payments
should not be required.

reasonable

exceed a

amount.

(22) Applicants should be able to seek an administrative or
the acts or omissions of a public

judicial review of
authority in relation to a request.

a matter of

(23) In order to increase public awareness in environmental
environmental protection,
and so improve
matters
should
public
course
as
authorities
information on the environment by
disseminate general
means of available computer telecommunication and/or
electronic technology. To this end, public authorities
should be
to
maintain the environmental
information held by or for
them in forms or formats that are readily reproducible
and accessible by computer telecommunication networks.

required to make

reasonable

efforts

(24) This Directive should be subject to a review in the light of

experience.

(25) In accordance with the principles of subsidiarity and
proportionality as set out in Article 5 of the Treaty, the
objectives of this Directive cannot be sufficiently achieved
by the Member States and can therefore be better achieved
by the Community. This Directive limits itself
to the
minimum required for the attainment of those objectives
and does not go beyond what
that
purpose,

is necessary for

(1) OJ L 281, 23.11.1995, p. 31.

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HAVE ADOPTED THIS DIRECTIVE:

2.

;Public authority< shall mean:

Article 1

Objective

The objective of this Directive is:

(a) to grant a right of access to environmental information held
by or for public authorities and to set out the basic terms
and conditions of its exercise; and

(b) to ensure that, as a matter of course, environmental
information is made available and disseminated to the
public, in particular, by means of available computer tele-
communication and/or electronic technology.

Article 2

Definitions

For the purposes of this Directive:

1.

;environmental information< shall mean any information in
written, visual, aural, electronic or any other accessible form
on:

(a) the state of the elements of the environment, such as air
and atmosphere, water, soil, land, landscape and natural
sites, biological diversity and its components, including
genetically modified organisms, and the interaction
among these elements;

(b) factors, such as substances, energy, noise, radiation or
waste, including radioactive waste, affecting or likely to
affect the elements of the environment referred to in (a)
and/or human health and safety;

(c) emissions, discharges

and other

releases

into the

environment;

(d) measures (including administrative measures), such as
policies,
legislation, plans, programmes, environmental
agreements, and activities affecting or likely to affect
the elements referred to in (a), as well as measures or
activities designed to protect those elements;

(e) cost-benefit

and
assumptions used within the
measures and activities referred to in (d);

economic

other

analyses
framework of

and
the

(a) government or other public administration at national,

regional or local level;

(b) any legal or natural person having public responsibilities
relating
functions, or providing public services,
the

or
directly or
control of a body or person falling within (a);

indirectly to the environment under

(c) any

legal

person

under
entrusted
arrangements with a body or person falling within (a)
or
services of general
economic interest which affect or are likely to affect
the state of elements of the environment.

(b), with the operation of

law,

by

or

This definition does not include bodies when and to the
extent that they act in a judicial or legislative capacity.

3.

;Information held for a public authority< shall mean environ-
mental
information which is held by a legal or natural
person on behalf of a public authority under arrangements
made between that authority and that person.

4.

;Applicant< shall mean any natural or legal person requesting
environmental information.

Article 3

Access to environmental information upon request

1. Member States shall ensure that public authorities are
required, in accordance with the provisions of this Directive,
to make available environmental
information held by or for
them to any applicant at his request and without his having
to state an interest.

Subject

2.
information shall be made available to an applicant:

to paragraph 3 and Article 4, environmental

(a) as soon as possible or, at the latest, within one month after
the receipt by the public authority concerned of
the
applicant’s request; or

(b) within two months after the receipt of the request by the
public authority, if the volume and the complexity of the
information is such that the one-month period referred to
in (a) cannot be complied with. In such cases, the applicant
shall be informed as soon as possible, and in any case
before the end of
that one-month period, of any such
extension and of the reasons for it.

(f)

the state of human health and safety, conditions of
human life, cultural sites and built structures in as
much as they are or may be affected by the state of
the elements of the environment referred to in (a) or,
through those elements, by any of the matters referred
to in (b) to (d).

3.
If the applicant states that he is requesting information
for a specific purpose, the public authority concerned shall
make reasonable efforts to make available such information
within such time-period as
the
applicant to fulfil that purpose.

is necessary to enable

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4. Where an applicant requests a public authority to make
environmental
information available in a specific form or
format (including in the form of copies), the public authority
shall make it so available unless:

(a) it is already publicly available in another form or format

which is easily accessible by the applicant;

(b) the request is manifestly unreasonable or formulated in too

general a manner;

(c) the request concerns material in the course of completion
or internal communications. In each such case, the public
interest served by the disclosure shall be taken into account.

(b) it is reasonable for the public authority to make it available
in another form or format, in which case reasons shall be
given for making it available in that form or format.

For the purposes of this paragraph, public authorities shall
make reasonable efforts to maintain environmental information
held by or for them in forms or formats that are readily repro-
ducible and accessible by computer telecommunications or by
other electronic means.

The reasons for a refusal to make information available, in full
or in part, in the form or format requested shall be provided to
the applicant within the time-limit referred to in paragraph
2(a).

For the purposes of

5.
this Article, Member States shall
define the practical arrangements under which environmental
information shall be effectively made available. These practical
arrangements may include:

(a) the designation of information officers;

(b) the establishment and maintenance of

facilities for the
examination
publicly
information
accessible lists of public authorities and registers or lists
of the environmental information held by such authorities
and information points.

requested;

the

of

Member States shall ensure that public authorities inform the
public adequately of the rights they enjoy as a result of this
directive.

Article 4

Exceptions

1. Member States may provide for a request for environ-
mental information to be refused if:

2. Member States may provide for a request for environ-
mental
the
information would adversely affect:

refused if disclosure of

information to be

(a) the confidentiality of the proceedings of public authorities;

(b) international relations, public security and national defence;

(c) the course of justice, the ability of any person to receive a
fair trial or the ability of a public authority to conduct an
enquiry of a criminal or disciplinary nature;

(d) the confidentiality of commercial or industrial information
where such confidentiality is provided for by law to protect
a legitimate economic interest. Member States may not, by
virtue of this sub-paragraph, provide for a request to be
to information on
refused where the request
the
releases
or
emissions,
environment which
of
to
are
Community legislation;

relates
other
subject

into
provisions

discharges

(e) intellectual property rights;

(f)

the protection of individuals with regard to the processing
of personal data in accordance with Directive 95/46/EC of
the European Parliament and of the Council of 24 October
1995 on the protection of individuals with regard to the
processing of personal data and on the free movement of
such data;

(g) the interests of any person who supplied the information
requested on a voluntary basis unless that person has
consented to the release of the information concerned;

(h) the environment to which such information relates.

In each case, the public interest served by the disclosure shall
be weighed against the interest served by the refusal. Access to
the requested information shall be granted if the public interest
outweighs the latter interest. Within this framework, and for
the purposes of the application of
(f), Member States shall
ensure that
the requirements of Directive 95/46/EC are
respected.

(a) the information requested is not held by or for the public
authority to which the request is addressed. In such a case,
where that public authority believes that the information
may be held by or for another public authority, it shall, as
soon as possible, transfer the request to that other authority
and inform the applicant accordingly;

Environmental

3.
information held by or for public auth-
orities which has been requested by an applicant shall be
made available in part where it is possible to separate out
any information falling within the scope of paragraphs 1(c)
or 2 from the rest of the information requested.

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A refusal to make available all or part of the information
4.
requested shall be notified to the applicant in writing within
the time limits referred to in Article 3(2) (a) or, as the case may
be, (b). The notification shall state the reasons for the refusal
and include information on the review procedure provided for
in accordance with Article 6.

by means in particular of available computer telecommuni-
cation and/or electronic technology.

The information to be made available and disseminated by
public authorities shall include:

Article 5

Charges

(a) texts of international treaties, conventions or agreements,
legislation,

and of Community, national, regional or local
on the environment or relating to it;

1.
Public authorities may make a charge for supplying any
environmental information but such a charge may not exceed a
reasonable amount. The supply of any information shall not be
made subject to the advance payment of a charge.

2. Where charges are made, public authorities shall publicise
and make available to applicants a schedule of such charges as
well as information on the circumstances in which a charge
may be levied or waived.

3.
Access to any public registers or lists established and
maintained as mentioned in Article 3(4) shall be free of
charge. Examination in situ of the information requested shall
also be free of charge.

(b) policies,

plans

and

programmes

relating

to

the

environment;

(c) progress

reports on the implementation of

the items

referred to in (a) and (b);

(d) the reports on the state of the environment referred to in

paragraph 2;

(e) data derived from the monitoring of activities affecting or

likely to affect the environment.

Article 6

Access to justice

1. Member States
shall ensure that any applicant who
considers that his request for information has been ignored,
wrongfully refused (whether in full or in part),
inadequately
answered or otherwise not dealt with in accordance with the
provisions of Articles 3, 4 or 5, has access to a procedure
law or other body established by law in
before a court of
which the
authority
concerned can be reviewed.

acts or omissions of

the public

2.
In addition to the review procedure before a court of law
or other body which is referred to in paragraph 1 above,
Member States shall ensure that an applicant has access to a
the public
procedure in which the acts or omissions of
authority concerned can be reconsidered by that public
authority or reviewed administratively by another body estab-
lished by law; any such procedure shall be expeditious and
either free of charge or inexpensive.

3. Member States shall ensure that the public authority to
which the request for environmental information is made takes
the necessary measures to comply with the decisions arising
from the procedures referred to in paragraphs 1 and 2.

Article 7

Dissemination of environmental information

1. Member States shall
take the necessary measures to
ensure that public authorities make available and disseminate
to the public environmental information held by or for them

efforts

reasonable

For the purposes of this paragraph, public authorities shall
environmental
make
information
information, and in particular,
specifically listed in (a) to (e),
in forms or formats that are
readily reproducible and accessible by computer telecommuni-
cations or by other electronic means.

the kinds of

to maintain

2. Without prejudice to any specific reporting obligations
laid down by Community legislation, Member States shall
take the necessary measures to ensure that national, regional
the
or
environment are published at regular intervals not exceeding
four years; such reports shall
include information on the
quality of, and pressures on, the environment.

appropriate) on the

state of

reports

local

(as

3. Without prejudice to any specific obligation laid down by
Community legislation, Member States shall take the necessary
measures to ensure that, in the event of an imminent threat to
human health or the environment, whether caused by human
activities or due to natural causes, all
information held by
public authorities which could enable the public likely to be
affected to take measures to prevent or mitigate harm arising
from the threat is disseminated, immediately and without delay.

4. Member States shall, so far as is practicable, ensure that
any information made available or disseminated, or reports
in accordance with this Article are clear and
published,
comprehensible.

The exceptions in Article 4(1) and (2) shall apply in

5.
relation to the duties imposed by this Article.

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Article 8

Review procedure

reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

1.
Not later than (insert the date which is five years after the
date referred to in Article 9), Member States shall report on the
experience gained in the application of the Directive.

They shall communicate the reports to the Commission not
later (insert the date which is six months after the date just
referred to).

2.
In the light of experience, the Commission shall make a
report to the European Parliament and the Council together
with any proposal for revision which it may consider appro-
priate.

Article 9

Implementation

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive by (insert specified date) at the latest. They shall
forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain
a reference to this Directive or shall be accompanied by such a

Article 10

Repeal

Directive 90/313/EEC is hereby repealed with effect
(insert the date referred to in Article 9).

from

References to the repealed Directive shall be construed as
referring to this Directive and shall be read in accordance
with the correlation table in the Annex.

Article 11

Entry into force

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

Article 12

Addressees

This Directive is addressed to the Member States.

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ANNEX

CORRELATION TABLE

Directive 90/313/EEC

This Directive

Article 1

Article 2(a)

Article 2(b)

Article 3(1)

Article 3(2)

Article 3(3)

Article 3(4)

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 1(a)

Article 1(b)

Article 2(1)

Article 2(2)

Article 2(3)

Article 2(4)

Article 3(1) + Article 3(5)

Article 4(2) + Article 4(3)

Article 4(1)

Article 3(2) + Article 4(4)

Article 3(3)

Article 3(4)

Article 6(1) + Article 6(2)

Article 6(3)

Article 5(1)

Article 5(2)

Article 5(3)

Article 2(2)

Article 7

Article 7(1)

Article 7(2)

Article 7(3)

Article 7(4)

Article 7(5)

Article 8

Article 9

Article 12

Article 10

Article 11