Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC
Date: 2003-01-28
Institutions: Council of the European Union, European Parliament
Subjects: access to EU information, dissemination of information, environmental policy, right to information

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DIRECTIVE 2003/4/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 28 January 2003

on public access to environmental information and repealing Council Directive 90/313/EEC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

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

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (4) in the light of the joint text approved by
the Conciliation Committee on 8 November 2002,

Whereas:

(1)

(2)

(3)

(4)

(5)

information
Increased public access to environmental
and the dissemination of such information contribute to
a greater awareness of environmental matters, a free
exchange of views, more effective participation by the
public in environmental decision-making and, even-
tually, to a better environment.

Council Directive 90/313/EEC of 7 June 1990 on the
freedom of access to information on the environment (5)
initiated a process of change in the manner in which
public authorities approach the issue of openness and
transparency, establishing measures for the exercise of
the right of public access to environmental information
which should be developed and continued. This Direc-
tive expands the existing access granted under Directive
90/313/EEC.

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 a
report to the European Parliament and to the Council
together with any proposal for revision of the Directive
which it may consider appropriate.

The report produced under Article 8 of that Directive
identifies concrete problems encountered in the practical
application of the Directive.

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’). Provi-
sions of Community law must be consistent with that
Convention with a view to its conclusion by the
European Community.

(1) OJ C 337 E, 28.11.2000, p. 156 and OJ C 240 E, 28.8.2001, p.

289.

(2) OJ C 116, 20.4.2001, p. 43.
(3) OJ C 148, 18.5.2001, p. 9.
(4) Opinion of the European Parliament of 14 March 2001 (OJ C 343,
5.12.2001, p. 165), Council Common Position of 28 January 2002
(OJ C 113 E, 14.5.2002, p. 1) and Decision of the European Parlia-
ment of 30 May 2002 (not yet published in the Official Journal).
Decision of the Council of 16 December 2002 and decision the
European Parliament of 18 December 2002.

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

(6)

(7)

(8)

(9)

(10)

(11)

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.

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

It
is necessary to ensure that any natural and legal
person has a right of access to environmental informa-
tion held by or for public authorities without his having
to state an interest.

environmental

It is also necessary that public authorities make available
and disseminate
information to the
general public to the widest extent possible, in particular
by using information and communication technologies.
The future development of these technologies should be
taken into account in the reporting on, and reviewing
of, this Directive.

The definition of environmental information should be
clarified so as to encompass information in any form on
the state of the environment, on factors, measures or
activities affecting or likely to affect the environment or
designed to protect it, on cost-benefit and economic
analyses used within the framework of such measures or
activities and also information on the state of human
including the contamination of the
health and safety,
food chain, conditions of human life, cultural sites and
built structures in as much as they are, or may be,
affected by any of those matters.

that

To take account of the principle in Article 6 of the
Treaty,
environmental protection requirements
should be integrated into the definition and implementa-
tion of Community policies and activities, the definition
of public authorities should be expanded so as to
encompass government or other public administration
at national, regional or local level whether or not they
have specific responsibilities for the environment. The
definition should likewise be expanded to include other
persons or bodies performing public administrative func-
tions in relation to the environment under national law,
as well as other persons or bodies acting under their
control and having public responsibilities or functions in
relation to the environment.

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(12)

Environmental information which is physically held by
other bodies on behalf of public authorities should also
fall within the scope of this Directive.

be published and made available to applicants together
with information on the circumstances in which a
charge may be levied or waived.

(13)

(14)

Environmental information should be made available to
applicants as soon as possible and within a reasonable
time and having regard to any timescale specified by the
applicant.

Public authorities should make environmental informa-
tion available in the form or format requested by an
applicant unless it is already publicly available in another
form or format or it is reasonable to make it available in
another form or format. In addition, public authorities
should be required to make all reasonable efforts to
maintain the environmental information held by or for
them in forms or formats that are readily reproducible
and accessible by electronic means.

(15) Member States should determine the practical arrange-
ments under which such information is effectively made
available. These arrangements shall guarantee that the
information is effectively and easily accessible and
progressively becomes available to the public through
public telecommunications networks, including publicly
accessible lists of public authorities and registers or lists
of environmental
information held by or for public
authorities.

(16)

(17)

(18)

The right to information means that the disclosure of
information should be the general rule and that public
authorities should be permitted to refuse a request for
environmental
and clearly
information in specific
defined cases. Grounds for refusal should be interpreted
in a restrictive way, whereby the public interest served
the interest
by disclosure should be weighed against
served by the refusal. The reasons for a refusal should be
provided to the applicant within the time limit
laid
down in this Directive.

Public authorities should make environmental informa-
tion available in part where it is possible to separate out
any information falling within the scope of the excep-
tions from the rest of the information requested.

Public authorities should be able to make a charge for
supplying environmental information but such a charge
should be reasonable. This implies that, as a general rule,
charges may not exceed actual costs of producing the
material in question. Instances where advance payment
will be required should be limited. In particular cases,
where public authorities make available environmental
information on a commercial basis, and where this is
necessary in order to guarantee the continuation of
collecting and publishing such information, a market-
based charge is considered to be reasonable; an advance
payment may be required. A schedule of charges should

(19) Applicants should be able to seek an administrative or
judicial review of the acts or omissions of a public
authority in relation to a request.

(20)

(21)

(22)

(23)

Public authorities should seek to guarantee that when
environmental information is compiled by them or on
their behalf, the information is comprehensible, accurate
and comparable. As this is an important factor in asses-
sing the quality of the information supplied the method
used in compiling the information should also be
disclosed upon request.

In order to increase public awareness in environmental
matters and to improve environmental protection, public
authorities should, as appropriate, make available and
disseminate information on the environment which is
relevant to their functions,
in particular by means of
computer
telecommunication and/or electronic tech-
nology, where available.

This Directive should be evaluated every four years, after
its entry into force, in the light of experience and after
submission of the relevant reports by the Member States,
and be subject to revision on that basis. The Commission
should submit an evaluation report
to the European
Parliament and the Council.

Since the objectives of the proposed Directive cannot be
sufficiently achieved by the Member States and can
therefore be better achieved at Community level, the
Community may adopt measures,
in accordance with
the principle of subsidiarity as set out in Article 5 of the
Treaty. In accordance with the principle of proportion-
ality, as set out in that Article, this Directive does not go
beyond what
is necessary in order to achieve those
objectives.

(24)

The provisions of this Directive shall not affect the right
of a Member State to maintain or introduce measures
providing for broader access
to information than
required by this Directive,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objectives

The objectives of this Directive are:

(a) to guarantee the right of access to environmental informa-
tion held by or for public authorities and to set out the
basic terms and conditions of, and practical arrangements
for, its exercise; and

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(b) to ensure that, as a matter of course, environmental infor-
mation is progressively made available and disseminated to
the public in order to achieve the widest possible systematic
availability and dissemination to the public of environ-
mental information. To this end the use, in particular, of
computer telecommunication and/or electronic technology,
where available, shall be promoted.

Article 2

Definitions

For the purposes of this Directive:

1.

‘Environmental information’ shall mean any information in
written, visual, aural, electronic or any other material form
on:

(a) the state of the elements of the environment, such as air
and atmosphere, water, soil, land, landscape and natural
sites including wetlands, coastal and marine areas, biolo-
gical 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, emissions, discharges
and other releases into the environment, affecting or
likely to affect the elements of the environment referred
to in (a);

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

activities designed to protect

(d) reports on the implementation of environmental legisla-

tion;

(e) cost-benefit and other economic analyses and assump-
tions used within the framework of the measures and
activities referred to in (c); and

(f) the state of human health and safety,

including the
contamination of the food chain, where relevant, condi-
tions of human life, cultural sites and built structures
inasmuch 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) and (c).

2.

‘Public authority’ shall mean:

(a) government or other public administration,

including
public advisory bodies, at national, regional or local
level;

(b) any natural or legal person performing public adminis-
trative functions under national law, including specific
duties, activities or services in relation to the environ-
ment; and

(c) any natural or legal person having public responsibilities
or functions, or providing public services, relating to the
environment under the control of a body or person
falling within (a) or (b).

date of adoption of this Directive make no provision for a
review procedure within the meaning of Article 6, Member
States may exclude those bodies or institutions from that
definition.

‘Information held by a public authority’ shall mean environ-
mental
information in its possession which has been
produced or received by that authority.

‘Information held for a public authority’ shall mean environ-
mental information which is physically held by a natural or
legal person on behalf of a public authority.

‘Applicant’ shall mean any natural or legal person requesting
environmental information.

‘Public’ shall mean one or more natural or legal persons,
and, in accordance with national legislation or practice, their
associations, organisations or groups.

3.

4.

5.

6.

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.

2.
Subject to Article 4 and having regard to any timescale
specified by the applicant, environmental information shall be
made available to an applicant:

(a) as soon as possible or, at the latest, within one month after
the receipt by the public authority referred to in paragraph
1 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.

If a request is formulated in too general a manner, the
3.
public authority shall as soon as possible, and at the latest
within the timeframe laid down in paragraph 2(a), ask the
applicant to specify the request and shall assist the applicant in
doing so, e.g. by providing information on the use of the public
registers referred to in paragraph 5(c). The public authorities
may, where they deem it appropriate, refuse the request under
Article 4(1)(c).

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, in
particular under Article 7, which is easily accessible by
applicants; or

Member States may provide that this definition shall not
include bodies or institutions when acting in a judicial or
legislative capacity. If their constitutional provisions at the

(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.

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

Where a request is refused on the basis that it concerns mate-
rial in the course of completion, the public authority shall state
the name of the authority preparing the material and the esti-
mated time needed for completion.

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).

2. Member States may provide for a request for environ-
mental information to be refused if disclosure of the informa-
tion would adversely affect:

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

where such confidentiality is provided for by law;

For the purposes of this Article, Member States shall

5.
ensure that:

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

(a) officials are required to support the public in seeking access

to information;

(b) lists of public authorities are publicly accessible; and

(c) the practical arrangements are defined for ensuring that the
right of access to environmental information can be effec-
tively exercised, such as:

— the designation of information officers;

— the establishment and maintenance of facilities for the

examination of the information required,

— registers or lists of the environmental information held
by public authorities or information points, with clear
indications of where such information can be found.

Member States shall ensure that public authorities inform the
public adequately of the rights they enjoy as a result of this
Directive and to an appropriate extent provide information,
guidance and advice to this end.

Article 4

Exceptions

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

(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 is aware that the information is
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 or inform the applicant of
the public authority to which it believes it is possible to
apply for the information requested;

(b) the request is manifestly unreasonable;

(c) the request is formulated in too general a manner, taking

into account Article 3(3);

(d) the request concerns material in the course of completion

or unfinished documents or data;

(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 national or
Community law to protect a legitimate economic interest,
including the public interest in maintaining statistical confi-
dentiality and tax secrecy;

(e) intellectual property rights;

(f) the confidentiality of personal data and/or files relating to a
natural person where that person has not consented to the
disclosure of the information to the public, where such
confidentiality is provided for by national or Community
law;

(g) the interests or protection of any person who supplied the
information requested on a voluntary basis without being
under, or capable of being put under, a legal obligation to
do so, unless that person has consented to the release of
the information concerned;

(h) the protection of the environment to which such informa-

tion relates, such as the location of rare species.

The grounds for refusal mentioned in paragraphs 1 and 2 shall
be interpreted in a restrictive way, taking into account for the
particular case the public interest served by disclosure. In every
particular case, the public interest served by disclosure shall be
weighed against the interest served by the refusal. Member
States may not, by virtue of paragraph 2(a), (d), (f), (g) and (h),
provide for a request to be refused where the request relates to
information on emissions into the environment.

Within this framework, and for the purposes of the application
of subparagraph (f), Member States shall ensure that
the
requirements of 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 are complied with (1).

3. Where a Member State provides for exceptions, it may
draw up a publicly accessible list of criteria on the basis of
which the authority concerned may decide how to handle
requests.

(e) the request concerns internal communications, taking into

account the public interest served by disclosure.

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

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Environmental information held by or for public authori-
4.
ties which has been requested by an applicant shall be made
available in part where it is possible to separate out any infor-
mation falling within the scope of paragraphs 1(d) and (e) or 2
from the rest of the information requested.

5.
A refusal to make available all or part of the information
requested shall be notified to the applicant in writing or elec-
tronically, if the request was in writing or if the applicant so
requests, 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 proce-
dure provided for in accordance with Article 6.

Article 5

Charges

Article 7

Dissemination of environmental information

1. Member States shall
take the necessary measures to
ensure that public authorities organise the environmental infor-
mation which is relevant to their functions and which is held
by or for them, with a view to its active and systematic disse-
in particular by means of computer
mination to the public,
telecommunication and/or electronic technology, where avail-
able.

The information made available by means of computer tele-
communication and/or electronic technology need not include
information collected before the entry into force of this Direc-
tive unless it is already available in electronic form.

1.
Access to any public registers or lists established and
maintained as mentioned in Article 3(5) and examination in situ
of the information requested shall be free of charge.

Member States shall ensure that environmental
information
progressively becomes available in electronic databases which
are easily accessible to the public through public telecommuni-
cation networks.

2.
Public authorities may make a charge for supplying any
environmental information but such charge shall not exceed a
reasonable amount.

3. Where charges are made, public authorities shall publish
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.

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 in
which the acts or omissions of the public authority concerned
can be reconsidered by that or another public authority or
reviewed administratively by an independent and impartial
body established by law. Any such procedure shall be expedi-
tious and either free of charge or inexpensive.

2.
In addition to the review procedure referred to in para-
graph 1, Member States shall ensure that an applicant has
access to a review procedure before a court of law or another
independent and impartial body established by law, in which
the acts or omissions of the public authority concerned can be
reviewed and whose decisions may become final. Member
States may furthermore provide that third parties incriminated
by the disclosure of information may also have access to legal
recourse.

3.
Final decisions under paragraph 2 shall be binding on the
public authority holding the information. Reasons shall be
stated in writing, at least where access to information is refused
under this Article.

The information to be made available and disseminated

2.
shall be updated as appropriate and shall include at least:

(a) texts of international treaties, conventions or agreements,
and of Community, national, regional or local legislation,
on the environment or relating to it;

(b) policies, plans and programmes relating to the environ-

ment;

(c) progress

the items
reports on the implementation of
referred to in (a) and (b) when prepared or held in elec-
tronic form by public authorities;

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

paragraph 3;

(e) data or summaries of data derived from the monitoring of
activities affecting, or likely to affect, the environment;

(f) authorisations with a significant impact on the environ-
ment and environmental agreements or a reference to the
place where such information can be requested or found in
the framework of Article 3;

(g) environmental

studies

assessments
impact
concerning the environmental elements
referred to in
Article 2(1)(a) or a reference to the place where the infor-
mation can be requested or found in the framework of
Article 3.

and

risk

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

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4. 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 or
for 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.

The exceptions in Article 4(1) and (2) may apply in rela-

5.
tion to the duties imposed by this Article.

6. Member States may satisfy the requirements of
this
Article by creating links to Internet sites where the information
can be found.

Article 8

Quality of environmental information

1. Member States shall, so far as is within their power,
ensure that any information that is compiled by them or on
their behalf is up to date, accurate and comparable.

2.
Upon request, public authorities shall reply to requests
for information pursuant to Article 2(1)b, reporting to the
applicant on the place where information, if available, can be
found on the measurement procedures, including methods of
analysis, sampling, and pre-treatment of samples, used in
compiling the information, or referring to a standardised proce-
dure used.

Article 10

Implementation

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Direc-
tive by 14 February 2005. They shall forthwith inform the
Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

Article 11

Repeal

Directive 90/313/EEC is hereby repealed with effect from 14
February 2005.

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

Article 12

Entry into force

Article 9

Review procedure

This Directive shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

Not later than 14 February 2009, Member States shall
1.
report on the experience gained in the application of this
Directive.

They shall communicate the report to the Commission not later
than 14 August 2009.

No later than 14 February 2004, the Commission shall forward
to the Member States a guidance document setting out clearly
the manner in which it wishes the Member States to report.

2.
In the light of experience and taking into account devel-
opments in computer telecommunication and/or electronic
technology,
to the
European Parliament and to the Council together with any
proposal for revision, which it may consider appropriate.

the Commission shall make a report

Article 13

Addressees

This Directive is addressed to the Member States.

Done at Brussels, 28 January 2003.

For the European Parliament

The President

P. COX

For the Council

The President

G. PAPANDREOU

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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 2(5)

Article 2(6)

Article 3(1) and Article 3(5)

Article 4(2) and Article 4(4)

Article 4(1)(b), (c), (d) and (e)

Article 3(2) and Article 4(5)

Article 4(1)(a)

Article 3(3)

Article 3(4)

Article 6(1) and Article 6(2)

Article 6(3)

Article 5(1)

Article 5(2)

Article 5(3)

Article 2(2)(c), Article 3(1)

Article 7(1), (2), and (3)

Article 7(4)

Article 7(5)

Article 7(6)

Article 8

Article 9

Article 10

Article 13

Article 11

Article 12