Proposal for a Regulation of the European Parliament and of the Council on the application of the provisions of the Århus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to EC institutions and bodies
Date: 2003-10-24
Institutions: European Commission
Subjects: access to EU information, access to the courts, decision-making, environmental protection, international convention, transparency in decision-making

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 24.10.2003
COM(2003) 622 final

2003/0242 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL

on the application of the provisions of the Århus Convention on Access to Information,
Public Participation in Decision-making and Access to Justice in Environmental Matters
to EC institutions and bodies

(presented by the Commission)

EXPLANATORY MEMORANDUM

1.

1.1

JUSTIFICATION FOR THE PROPOSAL

General considerations

In  1998,  the  European  Community,  together  with  the  fifteen  Member  States,  signed  the
UN/ECE Convention on Access to Information, Public Participation in Decision-making and
Access  to  Justice  in  Environmental  Matters  (hereinafter  “the  Århus  Convention”).  The
Convention  entered into force in  October  2001.  It  is  of  considerable  importance  for  the  EC
and  its  Member  States  as  well  as  for  countries  in  Central  and  Eastern  Europe  and  for  the
Newly Independent States, many of which have ratified the Convention and are progressively
opening their environmental administrative procedures to the requirements of the Convention.
The  main  aim  of  the  Convention  is  to  allow  the  public  to  become  more  involved  in
environmental matters and to actively contribute to improved preservation and protection of
the environment.

The signing of the Århus Convention obliges the European Community to align its legislation
to  the  requirements  of  the  Convention.  As  regards  the  legislation  directed  to  the  Member
States,  two  directives  have  been  adopted:  Directive  2003/4/EC  on  public  access  to
information  in  environmental  matters1  and  Directive  2003/35/EC  providing  for  public
participation in the drawing up of certain plans and programmes relating to the environment
and  amending  with  regard  to  public  participation  and  access  to  justice  Council  Directives
85/337/EEC and 96/61/EC2. A proposal for a directive on access to justice in environmental
matters is presented together with the present proposal.

As  regards  the  application  of  the  Århus  Convention  at  Community  level,  a  number  of
legislative texts are of relevance. On access to information, Regulation (EC) No 1049/20013
grants public access to documents held by the Commission, the European Parliament and the
Council.  Furthermore,  on  18  December  2002,  the  Commission  adopted  a  Communication
laying  down  general  principles  and  minimum  standards  for  the  consultation  of  interested
parties4.  As  regards  access  to  justice,  Articles  230  and  232  EC  Treaty  are  of  relevance  and
grant natural or legal persons, under certain conditions, access to the Court of Justice.

However,  these  legal  provisions  do  not  yet  allow  the  Community  to  ratify  the  Århus
Convention,  as  the  provisions  of  that  Convention  are,  in  part,  more  detailed  or  far-reaching
than  existing  EC  provisions,  also  concerning  their  scope  of  application.  For  this  reason,
additional measures are necessary to fully apply the requirements of the Århus Convention to
the Community institutions and bodies.

1

2

3

4

Directive 2003/4/EC of the European Parliament and of the Council of 28 January on public access to
environmental information and repealing Council Directive 90/313/EEC, OJ L 41, 14.2.2003, p. 26.
Directive  2003/35/EC  of  the  European  Parliament  and  of  the  Council  of  26  May  2003  providing  for
public  participation  in  respect  of  the  drawing  up  of  certain  plans  and  programmes  relating  to  the
environment and amending with regard to public participation and access to justice Council Directives
85/337/EEC and 96/61/EC, OJ L 156, 25.6.2003, p. 17.
Regulation  (EC)  No  1049/2001/EC  of  the  European  Parliament  and  of  the  Council  of  30  May  2001
regarding  public  access  to  European  Parliament,  Council  and  Commission  documents,  OJ  L  145,
31.5.2001, p. 43.
Communication  from  the  Commission:  Towards  a  reinforced  culture  of  consultation  and  dialogue-
General  principles  and  minimum  standards  for  consultation  of  interested  parties  by  the  Commission,
COM (2002) 704 of 11 December 2002.

2

                                                
This  proposal  for  a  Regulation  envisages  the  application  of  the  Convention’s  three  pillars,
access  to  information,  public  participation  in  decision-making  and  access  to  justice  in
environmental matters, to the European Community institutions and bodies, building upon the
provisions which already exist in this area.

1.2

Environmental objectives to be achieved

This  proposal  for  a  Regulation  contributes  to  the  pursuit  of  the  objectives  of  Community
environmental  policy  outlined  in  Article  174(1)  EC  Treaty.  Access  to  environmental
information  and  public  participation  in  decision-making  helps  to  achieve  these  aims,  by
improving  the  quality  of  decisions  and  creating  ownership  for  the  final  result.  Effective
judicial  mechanisms  need  to  be  accessible  so  that  the  legitimate  interests  of  the  public  are
protected and the law is enforced. First and foremost, measures need to be taken in order to
allow  the  Community  to  ratify  the  Århus  Convention.  In  this  context,  it  needs  to  be
remembered  that  Community  legislation  on  access  to  environmental  information  as  well  as
participation  in  environmental  decision-making  was,  to  a  large  extent,  the  source  of  the
international negotiations that finally led to the Århus Convention. In 1985, the Community
adopted Directive 85/337/EEC on environmental impact assessment5. This Directive provided
for the public to be informed of the application for development consent for a project covered
by  the  Directive  and  required  that  the  "public  concerned"  be  given  the  right  to  express  an
opinion on the project, before a decision on the application was taken. Furthermore, in 1990,
the Community adopted Directive 90/313/EEC on the freedom of access to information on the
environment6,  which  granted  every  person  the  right  of  access  to  information  on  the
environment, held by public authorities.

Both directives, which were successively implemented by the EC Member States, served as a
model at international level and their basic philosophy is taken over by the Århus Convention.
Under these circumstances, it seems appropriate for the European Community to adhere to the
Århus  Convention,  which  was  expressly  opened  for  accession  by  regional  economic
integration  organisations.  This  would  demonstrate  to  the  other  Contracting  Parties  and
signatory States  -  in particular in Eastern  Europe -  that  the  European  Community  also  fully
adheres to the principles of the Convention.

Furthermore,  the  proposed  Regulation  contributes  to  the  integration  of  environmental
requirements  into  all  facets  of  Community  policy.  Article  6  EC  Treaty  provides  that
environmental  protection  requirements  must  be  integrated  into  all  Community  policies,  in
particular  with  a  view  to  promoting  sustainable  development.  The  application  by  the
Community  institutions  and  bodies  of  the  different  principles  of  the  Århus  Convention  will
demonstrate  that  the  Community  institutions  and  bodies,  as  regards  the  EC  area  of
responsibility  for  the  environment,  intend  to  take  upon  themselves  the  same  obligations  as
Member States. This will not only ensure greater coherence between policies and measures at
national  and  Community  level,  but  will  also  acknowledge  that  environmental  problems
frequently need to be approached beyond national levels.

Finally,  the  adoption  of  the  present  proposal  for  a  Regulation  will  demonstrate  at  a  global
level  that  the  European  Community  is  determined  to  assume  its  responsibility  in
environmental matters. Indeed, it will be the  first  international organisation to have  adopted

5

6

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and
private projects on the environment, OJ L 175, 5.7.1985, p.40, amended by Council Directive 97/11/EC
of 3 March 1997, OJ L 73, 14.3.1997, p. 5
Council Directive 90/313/EEC, OJ L 158, 23.6.1990, p. 56

3

                                                
legally  binding  rules  as  regards  access  to  information  on  the  environment,  participation  in
environmental decision-making and access to justice in environmental matters. In view of the
increasing number of environmental problems that  will, in future, have  to  be addressed at  a
pan-European  or  even  global  level,  the  influence  of  the  European  Community  and  of  its
Member States in these international environmental discussions cannot be but strengthened by
the  adherence  to  the  Convention,  particularly  in  the  light  of  the  conclusions  of  the  United
Nations World Summit on Sustainable Development in Johannesburg (WSSD, 2002).

2.

CHOICE  AND  JUSTIFICATION  OF  THE  LEGAL  BASE  AND
INSTRUMENT

The proposal aims at improving the protection of the environment, by allowing the public to
further participate in issues of concern for the environment, for which reason Article 175(1)
of the EC Treaty is to be chosen as legal basis.

Accession  to  the  Århus  Convention  will  only  be  possible  once  there  are  legally  binding
measures introduced that apply to the European Community. The appropriate legal instrument
to  this  end  is  a  regulation.  A  directive  is  excluded,  as  it  is  addressed  to  Member  States,
whereas in the present case, it would be the Community institutions and bodies, which must
be the addressees of the legal instrument. A decision is excluded, as the legal instrument is to
deal with an indefinite number of future situations and not, as it is typical for a decision, with
specific, single cases.

3.

3.1

SUBSIDIARITY AND PROPORTIONALITY

Objectives  of  the  proposed  action  in  relation  to  the  obligations  of  the
Community

Article  1  of  the  Treaty  on  European  Union  lays  down  that  within  the  European  Union,
"decisions  are  taken  as  openly  as  possible  and  as  closely  as  possible  to  the  citizen".  A
democratic,  open  society  is  called  upon  to  associate  citizens  in  its  decision-making  process
and to ensure that its  political  and  administrative  action  is  as  transparent  as  possible.  These
principles  were  recently  reiterated  and  underlined  by  the  Commission's  White  Paper  on
European  Governance7,  which  states  that  the  first  two  principles  of  good  governance  are
‘openness’  ("The  institutions  should  work  in  a  more  open  manner")  and  ‘participation’
("Improved  participation  is  likely  to  create  more  confidence  in  the  end  result  and  in  the
institutions which deliver policies"). The principles of the Århus Convention are nothing else
than the application of good governance to the environmental sector.

Under  the  EC  Treaty,  the  Community  is  obliged  to  aim  at  a  high  level  of  environmental
protection  (Article  174(2)).  Improved  access  to  information  and  participation  in  decision-
making can clarify for  citizens  that  it  is  their  environment  which  is  affected,  positively  and
negatively,  by  activities  of  administrative  bodies  and  that  they  can  actively  contribute  to  a
better environment, within the Community and beyond.

7

COM(2001) 428 of 25 July 2001

4

                                                
3.2

What is the Community dimension of the problem?

In the  context of increasing  globalisation,  as the  WSSD emphasized, decisions which affect
the environment are no longer exclusively taken at national level. More and more, they have a
Community  dimension.  This  very  principle  led  to  the  elaboration  of  a  Community
environmental  policy  which  has,  over  the  past  fifteen  years,  increased  in  institutional  and
political importance. As more and more decision-making on environmental issues takes place
at  Community  level,  it  is  necessary  to  ensure  that  the  basic  principles  underlying  any
environmental action are also applied at that level.

3.3

What is the most effective solution, comparing the means of the Member States
and the Community?

The  envisaged  measures  are  complementary  to  measures,  which  have  been  adopted  or
proposed for the level of the Member States.

3.4

What would be the cost of inaction of the Community?

It does not appear that the adoption of this instrument or inaction would cause any significant
financial expense.

Politically,  the  main  cost  of  inaction  for  the  Community  would  be  a  considerable  lack  of
credibility. Indeed, the signing of the Århus Convention by the Community, together with the
Member  States,  implies  not  to  leave  the  legal  and  practical  implementation  of  the  Århus
principles  to  the  Member  States  alone.  Furthermore,  the  above-mentioned  White  Paper  on
European  Governance  gives  a  central  role  to  information  and  participation  of  citizens  and
pleads  for  an  improvement  of  the  present  situation.  It  would  be  inconsistent  with  this
approach if in the present case of having to apply the concepts of the White Paper in practice,
the Community would not take action. These expectations are reinforced by the results of the
WSSD.

3.5

Which  instrument  is  at  the  disposal  of  the  Community  in  order  to  meet  the
objectives?

Among the legally binding instruments,  the  only  appropriate  instrument  is  a  regulation  (see
above).

A non-binding instrument, such as internal guidelines or codes of conduct, are not sufficient
as such to allow the Community to ratify the Århus Convention. The Court of Justice has, in a
consistent line of case law, stated that Member States may not have recourse to non-binding
legal  instruments  in  order  to  transpose  into  national  law  Community  environmental
legislation, which is likely to create rights and obligations for persons. This would not ensure
sufficient legal certainty for individuals.  The same  principles must apply to  the  Community
when adhering to the Århus Convention, given that the Convention also contains provisions
creating rights and obligations for persons.

3.6

Proportionality

The proposed Regulation intends to ensure that all Community institutions and bodies apply
the provisions of the Århus Convention. Therefore, it is envisaged not to go beyond what is
necessary  to  allow  the  Community  to  conclude  the  Århus  Convention.  At  the  same  time,
however, the proposal, is as much as possible and appropriate drafted along the lines of  the
relevant  Directives  to  be  implemented  by  the  Member  States,  in  particular  Directive

5

2003/4/EC  on  public  access  to  environmental  information  and  Directive  2003/35/EC  on
public  participation.  Thus,  where  these  Directives  go  beyond  what  is  strictly  necessary  for
complying with the obligations from the Århus Convention, the proposed  Regulation would
do the same, where relevant and appropriate, considering the specific nature of the decision-
making at the Community level.

4.

COST  OF  IMPLEMENTING  THE  PROPOSAL  FOR  THE  MEMBER
STATES

The  proposed  measures  are  addressed  to  the  European  Community  institutions  and  bodies;
hence  it  does  not  appear  that  the  adoption  of  this  instrument  would  cause  any  financial
expense to Member States.

5.

CONSULTATIONS WITH INTERESTED PARTIES

In  autumn  2002,  the  Commission  services  released  a  working  document  outlining  the
objective and possible options concerning  the  legislative  instrument  to  be  prepared.  On  this
basis, a series of meetings took place with experts from Member States, candidate countries
local  authorities,  non-governmental  organisations  and
for  accession,  regional  and 
representatives  of  economic  operators.  Following  these  meetings,  further  written  comments
were received.

General  questions  raised  related  to  the  approach  of  covering  the  three  pillars  of  the  Århus
Convention with one legal instrument. The wide definition of public authorities to be covered
by the legal instrument, not limited to Community institutions listed in Article 7 EC Treaty,
was welcomed overall.

Access to information

The comments on access to information made reference to the links between Regulation (EC)
No 1049/2001 and the envisaged legal instrument. Some experts questioned the need to have
a separate legal instrument as opposed to a modification of Regulation (EC)  No 1049/2001.
Others  stressed  that  it  was  important  to  have  the  same  standards  as  those  provided  for  the
Member States level under the new Directive on public access to environmental information.
These  considerations  have  been  taken  up,  where  appropriate,  when  drafting  the  proposal.
More detailed comments concerned in particular the  exceptions provided for in the working
document and their relation to the exceptions under Regulation (EC) No 1049/2001. .

Public participation

A number of comments were made with respect to the definition of ‘plans and programmes
relating to the  environment’.  Some  interested parties questioned whether this definition was
operational  enough,  without  however  making  alternative  suggestions.  Some  wished  to  see
additional clarification concerning the inclusion  of  plans  and  programmes  prepared  in  other
sectors  likely  to  have  environmental  effects.  No  changes  were  made  in  this  respect.  It  is
considered that the present  definition  of plans and  programmes relating  to  the  environment,
by establishing a link to the actions covered by the Sixth Environmental Action Programme,
is sufficiently operational. It also provides for the necessary clarity as concerns the inclusion
of  plans  and  programmes  in  other  sectors  that  are  likely  to  have  significant  environmental
effects. Further comments were made concerning the need to clarify to what extent plans and
programmes  were  covered  which  were  subsequently  adopted  or  endorsed  by  a  legal

6

instrument. This aspect is addressed in the definition of ‘Community institutions and bodies’
covered by the present proposal – those are excluded only “when and to the extent they act in
a judicial or legislative capacity”. Hence, when for example the Commission prepares a plan
or a programme relating to the environment, public participation is to be provided for.

Comments  were  also  made  concerning  the  overall  coverage  of  the  public  participation
provisions.  Some  interested  parties  were  in  favour  of  public  participation  at  EU  level  in
important  decisions  on  the  financing  of  projects  and  of  considering  some  ‘step-wise’
participation in decision-making on product approvals (chemicals, pesticides), in particular on
GMOs  (one  group  of  interested  parties).  These  comments  did  not  result  in  changes  to  the
approach not to include related decision-making for the reasons given below under Title III,
(1).  Other  comments  related  to  the  modalities  and  timing  of  public  participation.  At  this
respect  in  particular,  the  present  text  deviates  from  the  initial  approach  laid  down  in  the
working  document.  Closely  drafted  in  line  with  the  wording  of  Article  7,  first  part  of  the
Århus Convention, the present proposal does not in itself lay down the modalities for public
participation, but obliges Community institutions and bodies to make practical provisions to
that end. It outlines the main elements, which those provisions have to address in line with the
Convention.

Access to justice

Interested  Parties  stressed  that  the  requirements  should  be  formulated  in  parallel  to  those
being  proposed  for  the  Member  States  level,  where  a  consultation  process  had  also  taken
place on the basis of two working documents. The present proposal endeavours to follow such
parallelism to the extent appropriate.

Further clarification was required concerning the access to justice provisions foreseen in the
Community  instrument  and  Articles  230  and  232  of  the  EC  Treaty.  The  present  proposal
clarifies that it establishes a procedure to facilitate access to justice for ‘qualified entities’, by
granting  the  right  for  internal  review  of  administrative  acts  and  omissions  by  Community
institutions  and  bodies.  One  group  of  interested  parties  in  particular  considered  it  was  not
justified  to  limit  access  to  justice  to  ‘qualified  entities’,  arguing  that  the  introduction  of  an
‘actio popularis’ was not likely to  have  the  effect  of  over-burdening  European  courts.  They
also questioned the necessity of providing for an internal review procedure as a requirement
prior  to  addressing  the  Court  of  Justice.  These  comments  did  not  result  in  changes  to  the
approach  of  the  proposal,  as  it  was  in  particular  intended  not  to  intervene  with  the  Treaty
requirements.

Comments from local and regional authorities mainly referred to their role in the application
of the planned instrument, considering that they should have the possibility to be recognised
as  ‘qualified  entities’.  These  comments  have  not  been  taken  up,  given  that  these  bodies
themselves constitute public authorities.

6.

DETAILED EXPLANATION OF THE PROPOSAL

GENERAL PROVISIONS (Title I)

Objective (Article 1)

The proposed Regulation aims to apply the principles of the Århus Convention to Community
institutions and bodies, by introducing a framework of requirements for access to information,

7

public participation in decision-making and access to justice in environmental matters at the
Community level.

With  a  view  to  ensuring  coherence,  the  proposal  addresses  the  three  pillars  of  the  Århus
Convention in one single piece of legislation.

Definitions (Article 2)

The  Article  establishes  definitions  that  are  crucial  for  the  interpretation  of  the  proposed
Regulation. The most important ones are:

(cid:1) 

The public

This definition is established with a view to the provisions on public participation. It takes up
the definition of the Århus Convention.

(cid:1) 

Community institutions and bodies

This definition has been established to give effect to the concept of public authorities covered
by  the  Århus  Convention.  The  Århus  Convention  addresses  the  relationship  between
individuals  and  their  associations  on  the  one  hand,  and  the  public  authorities  on  the  other
hand. The notion  of  'public  authority' is defined  in  Article  2(2)  of  the  Convention  in  a  very
broad  way.  It  includes,  next  to  the  government  at  all  levels,  also  “natural  or  legal  persons
performing  administrative  functions  ...,  including  specific  duties,  activities  or  services  in
relation to the environment”. The basic idea is that  wherever public  authority  is  exercised  -
parliaments  and  courts  are  exempted  to  the  extent  they  act  in  their  legislative  or  judicial
capacity- there should be rights under the Convention for individuals and their organisations.

According  to  Article  2(2)(d)  of  the  Århus  Convention,  “public  authorities”  also  means  “the
institutions of any regional economic integration organisation referred to in article 17 which is
a Party to this Convention.”  It  follows from  the broad  concept  used in  the  remainder of the
definition that, for the Community this has to be interpreted in a broad sense, and cannot be
limited  to  the  Community  institutions  mentioned  in  Article  7  of  the  EC  Treaty.  Otherwise,
different standards between Member State and Community level would apply.

For this reason, the present proposal aims at “Community institutions and bodies”, defined as
“any public institution, body, office or  agency established by, or  on  the basis  of, the  Treaty
establishing  the  European  Community  and  performing  public  functions  except  when  and  to
the extent to which they act in a judicial or legislative capacity”. The exception of bodies or
institutions  acting  in  a  judicial  or  legislative  capacity  follows  from  the  Århus  Convention,
Article 2(2).

(cid:1) 

Qualified entity

This means any association or organisation whose objective is protecting the environment and
which  has  been  recognised  under  the  procedure  set  up  under  Article  13  of  the  proposed
Regulation. To be recognised, a qualified entity must meet the criteria established in Article
12.  The  definition  is  established  with  a  view  to  the  access  to  justice  provisions  of  the
proposal.

8

(cid:1)  Environmental information

Environmental information means any information in written, visual, aural, electronic or any
other material form on the state of the elements of the environment, on the factors affecting or
likely  to  affect  these  elements,  and  on  measures,  such  as  policies,  legislation,  plans,
programmes,  environmental  agreements  and  activities  affecting  or  likely  to  affect  the
environment.  Environmental  information  also  includes  reports  on  the  implementation  of
environmental legislation, economic analyses and assumptions related to the environment and
information on the states of human health and safety conditions of human life, cultural sites
and built structures in as much as they have an environmental dimension.

The definition in this proposal is the same as the definition used in  Directive 2003/4/EC  on
public access to environmental information. Even though it is more detailed or explicit than
the  one  taken  up  in  the  Århus  Convention,  it  covers  exactly  the  same  information  as  is
covered in the Århus Convention.

(cid:1) 

Plans and programmes relating to the environment

The Århus Convention does not define “plans and programmes relating to the environment”.
In its overall context, it is given a broad meaning, also including complex strategies such as
environmental action plans that might themselves give rise to plans based on the strategies8.
The  proposed  definition  of  ”plans  and  programmes  relating  to  the  environment”  has  been
drawn up with the intention to remain, where appropriate, as much as possible in parallel to
the  requirements  for  Member  States,  notably  under  the  Directive  2003/35/EC  on  public
participation  and  Directive  2001/42/EC  of  the  European  Parliament  and  of  the  Council  on
‘strategic  environmental  assessment’9.  The  proposed  definition  would  include  plans  and
programmes  that  contribute  to  the  achievement  of  the  Community's  environmental  policy
objectives. Furthermore, those plans and programmes shall be included that are likely to have
a significant effect on the achievement of those objectives. This is in line with the integration
requirement of Article 6 EC Treaty. In relation to the Member States, a parallel approach is
followed by Directive 2001/42/EC, which, in the framework of the environmental assessment
requirements,  provides  for  public  participation  in  line  with  the  Århus  Convention.  To  give
guidance  for  the  selection  of  the  plans  and  programmes  concerned,  the  proposal  refers  to
the  Sixth  Community  Environment  Action
Decision  1600/2002/EC 
Programme10,  which  contains  the  actions  to  be  taken  within  the  next  ten  years  in  order  to
reach EC environmental policy objectives. Related plans and programmes would be subject to
the  public  participation  provisions.  Furthermore,  the  definition  provides  for  specific
exceptions. Thus, financial or budget plans and programmes shall not be included, as they do
not as such have a significant direct effect on the environment. Budget plans and programmes
would include the annual budgets of the Community institution or body. Financial plans and
programmes would include the ones which describe how some project or activity should be
financed, or how grants or subsidies should be distributed. Internal work programmes are also
excluded.

laying  down 

8

9

10

see UN/ECE “The Aarhus Convention – An Implementation Guide”, UN, 2000, ISBN 92-1-116745-0,
page 115
Directive 2001/42/EC of the European Parliament and of the Council on the assessment of the effects of
certain plans and programmes on the environment, OJ L 197, 21.7.2001, p. 30.
Decision 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the
Sixth Community Environment Action Programme, OJ L 242, 10.9.2002, p. 1.

9

                                                
(cid:1) 

Environmental law

The definition of ”environmental law” is relevant for the access to justice part of the proposal.
”Environmental  law”  is  defined  in  general  terms  to  make  it  possible  to  include  relevant
legislation on the environment. As environmental law is constantly developing, drawing up an
exhaustive list would be problematic, as  a  procedure  for regular  updating  would  have  to  be
provided. Thus, the proposal takes account of the following aspects:

– 

– 

(cid:1) 

The legislative objective must be one of the objectives taken up in Article 174 of the
EC Treaty.

The  definition  must  be  consistent  with  the  Århus  Convention,  taking  up  the  main
aspects of the environment. It seems inappropriate to draft an exhaustive list of what
must  be  understood  as  “environmental  law”,  as  this  concept  is  not  defined  in  the
Århus  Convention.  The  constant  evolution  of  environmental  law  requires  an
indicative list.

Administrative acts and omissions

Administrative acts and omissions of a Community institution or body may be the object of
recourse  if  they  contravene  environmental  law.  Administrative  act  shall  mean  any
administrative measure taken by a Community institution or body having legally binding and
external effect. Administrative omission shall mean the failure of a Community institution or
body to take administrative action under environmental law where it is legally required to do
so.

As  bodies  or  institutions  acting  in  a  judicial  or  legislative  capacity  are  not  covered  by  the
definition of Community institutions and bodies, related administrative action is not covered
either.

Furthermore, as stipulated in paragraph 2 of the article on definitions, acts and omissions by a
Community institution or body acting in its capacity as an administrative review body are not
included.  In  this  respect  it  is  specified  that  decisions  taken  in  competition  or  state  aid
proceedings,  infringement  proceedings,  Ombudsman  proceedings  and  proceedings  of  the
European  Anti-Fraud  Office  are  not  covered.  These  decisions  comprise  inquiry  procedures,
whose effectiveness would be seriously impaired if they were subject to judicial review.

(TITLE II)

ACCESS TO ENVIRONMENTAL INFORMATION

The relevant articles on public access to environmental information are Articles 1 to 5 of the
Århus  Convention.  To  a  great  extent,  the  rules  laid  down  in  these  articles  are  taken  up  in
Regulation  (EC)  No  1049/2001/EC  on  access  to  documents  held  by  the  Commission,  the
Council and the European Parliament. The application of that Regulation has been extended
recently to a number of Community offices and agencies, the most relevant in the present

10

context being the European Environment Agency11. These rules are, mutatis mutandis, made
applicable  to  requests  for  access  to  environmental  information  addressed  to  Community
institutions and bodies that are covered by the present Regulation.

In conformity with Article 2(6) of Regulation (EC) No 1049/2001, that Regulation is further
completed  by  the  provisions  which  are  considered  necessary  to  completely  align  to  the
requirements of the Århus Convention. Furthermore and where  relevant,  the  wording of  the
proposed  Regulation  is  aligned  with  the  wording  of  European  Parliament  and  Council
Directive 2003/4/EC on public access to environmental information.

The  differences  between  the  provisions  of  the  Århus  Convention  and  Regulation  (EC)  No
1049/2001  that  are  addressed  by  the  present  proposal  concern  in  particular  the  following
matters:

– 

– 

– 

a right of access is granted to any natural or legal person, regardless of nationality or
residency;

the  right  of  access  is  granted  in  relation  to  all  Community  institutions  and  bodies
which perform public functions (including thus, for instance, the European Economic
and Social Committee, the Committee of the Regions, the Court of Auditors and the
European Investment Bank);

more  detailed  and  specific  provisions  are  made  as  concerns  the  collection  and
dissemination of environmental information.

Application  of  Regulation  (EC)  No  1049/2001  on  access  to  documents  to  requests  for
access to environmental information held by a Community institution or  body  (Article
3)

Regulation (EC) No 1049/2001 is made directly applicable to any request by an applicant for
environmental  information  held  by  or  for  Community  institutions  and  bodies.  It  is  clarified
that “Institution” in Regulation (EC) No 1049/2001shall be read as “Community institution or
body”.  Thus,  Article  3  aligns  the  Regulation  to  the  requirements  of  the  Århus  Convention.
Furthermore,  the  practical  handling  of  requests,  the  exceptions  for  refusing  access  or  for
justifying non-dissemination, as well as the review mechanisms are identical for both regimes.

Collection and dissemination of environmental information (Article 4)

Regulation (EC) No 1049/2001 contains a number of provisions relating to the publication of
documents in registers. To a great extent, these provisions meet the requirements of the Århus
Convention. Where necessary, the present proposal introduces provisions that are required by
the Århus Convention. These provisions are complementary to those laid down in Regulation
1049/2001/EC and introduce the more detailed provisions that are necessary to fully align the
provisions of Articles 11 to 13 of Regulation (EC) No 1049/2001 to the Århus Convention.
The report required under Article 4(4) is to cover the EU territory and will be complementary

11

The  changes  were  introduced  through  modifications  of  the  constituting  acts  of  those  offices  and
agencies;  for  the  European  Environment  Agency  see  Regulation  (EC)  No  xxx/2003  of  the  European
Parliament and of the Council of xx.xx.2003 amending Council Regulation (EEC) No 1210/90 on the
establishment  of  the  European  Environment  Agency  and  the  European  Environment  Information  and
Observation Network, OJ L […] […], p. […]

11

                                                
to  similar  reports  which  Member  States  are  requested  to  elaborate  by  virtue  of  Directive
2003/4/EC.

Quality of the environmental information (Article 5)

Neither Regulation (EC) No 1049/2001, nor the Århus Convention contain express provisions
on  the  quality  of  the  information  to  be  supplied.  However,  it  is  evident  that  without  sound
quality information, the right of public access to information is without substance. As regards
the implementation of the Århus Convention at Member State level, Directive 2003/4/EC on
public  access  to  environmental  information  contains  explicit  rules  on  the  quality  of
environmental information. For the sake of consistency, similar provisions are introduced in
the present proposal.

Referral of requests (Article 6)

This  article  addresses  the  case  of  requests  for  access  to  information  which  the  Community
institution or body does not hold. Regulation (EC) No 1049/2001 does not provide for  such
rules which flow directly from the requirements of the Århus Convention.

It clarifies the obligation for Community institutions and bodies, where they do not hold the
information requested, to either indicate where they believe the information can be found or
transfer the request to the public authority they believe to hold the information.

Cooperation (Article 7)

This article lays down the obligation to cooperate in case of imminent threats to human health
or the environment. The Århus Convention  requires  that,  in  such  case,  any  information  that
could prevent or mitigate harm, shall be disseminated to the public without delay. Directive
2003/4/EC contains this obligation for the Member States. The present proposal complements
this  information  system  by  requiring  Community  institutions  and  bodies  to  cooperate,  upon
request  by  public  authorities,  with  these  authorities  and  assist  them,  in  order  for  relevant
information,  including  information  held  by  or  on  behalf  of  Community  institutions  and
bodies, to be disseminated to the public.

As  regards  imminent  threats  to  human  health,  Decision  No  2119/98/EC  of  the  European
Parliament  and  of  the  Council  of  24  September  1998  setting  up  a  network  for  the
epidemiological  surveillance  and  control  of  communicable  diseases  in  the  Community12
established a network at Community level to promote cooperation and coordination between
the  Member  States,  with  the  assistance  of  the  Commission,  with  a  view  to  improving  the
prevention  and  control  in  the  Community  of  a  number  of  communicable  diseases.  This
network  is  used  for,  among  other  things,  an  early  warning  and  response  system  for  the
prevention  and  control  of  these  diseases.  This  network  and  the  early  warning  and  response
system are already fully in line with the requirements of the Århus Convention. Decision No
1786/2002/EC establishes a programme of Community action in the field of public health that
complements national policies. Improving information and knowledge for the development of
public health and enhancing the capability of responding rapidly and in a coordinated fashion
to  threats  to  health,  which  are  elements  of  this  programme,  are  objectives  that  are  equally
fully in line with the requirements of the Århus Convention.

12

OJ L 268, 3.10.1998, p. 1

12

                                                
The  present  Regulation  shall  therefore  apply  without  prejudice  to  Decision  No  2119/98/EC
and Decision No 1786/2002/EC.

(TITLE III)

IN  THE  PREPARATION  BY  COMMUNITY
PUBLIC  PARTICIPATION 
INSTITUTIONS  AND  BODIES  OF  PLANS  AND  PROGRAMMES  RELATING  TO
THE ENVIRONMENT

The point of departure for the present proposal for a Regulation was that it should be limited
to the legally binding requirements of the Århus Convention, i.e. Articles 6 and 7, where the
latter concerns public participation in the preparation of plans and programmes relating to the
environment.

(1)

Public participation in decisions on specific activities and projects (Article 6 of
the Århus Convention)

The Århus Convention provides for public participation “with respect to decisions on whether
to permit” certain activities listed in Annex I to the Convention (Article 6(1.a)). Decisions to
authorise  the  listed  activities  are  not  taken  at  Community  level,  but  by  Member  States,  at
local, regional or national level.

It has been considered whether the provisions of Article 6 of the Århus Convention should be
applied to decisions taken at Community level relating to the financing of the listed activities
and  of  others  that  may  have  a  significant  effect  on  the  environment  (Article  6(1.b)).  The
proposal decides against this option. Indeed, the Århus Convention does not explicitly require
public  participation  in  financial  decision-making  related  to  the  activities  covered.  When  the
Commission made its proposal for transposing the requirements of the Århus Convention in
relation to public participation into Member States’ legislation, it did not propose to have such
provisions  at  national  level,  nor  did  the  Council  or  the  European  Parliament  consider  this
necessary or desirable. Setting  up participation requirements for  financial decisions  made at
Community  level  would  thus  create  different  approaches  at  national  and  Community  level.
Furthermore,  there  is  considerable  risk  of  duplication,  as  normally  the  permitting  procedure
for  the  respective  activity  covered  by  the  Århus  Convention  already  itself  requires  public
participation.  Participation  of  the  public  should  therefore  be  made  a  requirement  where  the
permitting  procedure  takes  place,  as  provided  for  in  Directive  2003/35/EC,  but  not  for  the
financial decisions related to such activities.

Article  6(1.b)  of  the  Århus  Convention,  providing  for  public  participation  in  decisions  on
other proposed activities “which may have a significant effect on the environment”, is not of
application in relation to the Community level. Administrative decisions on the authorisation
of  chemicals,  pesticides  and  biocides  are,  as  a  rule,  taken  at  the  level  of  Member  States.
Decisions taken at Community level, such as the establishment of lists of active substances or
the classification of substances, are as such not aimed at as specific activities in the sense of
Article  6.  Regulation  (EC)  No  2037/2000  on  ozone-depleting  substances13  provides  for
administrative decisions at Community level. However, the decisions concerned do not have a
significant effect on the environment, as they concern only the management of the  different
quota for the placing on the market or importation of such substances.

13

Regulation  (EC)  No  2037/2000  of  the  European  Parliament  and  of  the  Council  of  29  June  2000  on
substances that deplete the ozone layer, OJ L 244, 29.9.2000

13

                                                
In relation to genetically modified organisms (GMOs), Directive 2001/18/EC14 also provides,
under certain circumstances, for decisions on the placing of the market of GMOs to be taken
at Community level and its Article 24 contains some provisions on public participation. Under
the present proposal, no specific further public participation is provided for as regards GMOs.
Indeed,  the  Århus  Convention  itself  recognises  that  GMOs  have  a  specific  status  under  the
Convention15.  Within  its  framework,  work  on  the  elaboration  of  specific  rules  on  the
application  of  the  Convention  to  GMOs  is  underway,  and  the  Community  and  the  Member
States  participate  in  these  discussions.  Therefore,  it  appears  more  appropriate  to  await  the
outcome of these international negotiations, before establishing specific rules at Community
level.

(2)

Public  participation  concerning  plans  and  programmes  relating  to  the
environment (Article 7, first part, of the Århus Convention)

Article 7, 1st part of the Århus Convention requires making provisions for the participation of
the public during the preparation of plans and programmes relating to the environment16. As
concerns the basic requirements of such public participation, it refers back to certain parts of
Article 6. The notion ‘plans and programmes relating to the environment’ is not defined in the
Convention. In order to transpose the requirements into Community legislation and to give, at
the  same  time,  legal  certainty  to  administrations  and  to  the  public,  the  present  proposal
defines plans and programmes relating to the environment. The definition is sufficiently broad
to cover also sets of measures that, although not officially called ‘plans’ or ‘programmes’, in
substance  constitute  an  ‘organised  and  co-ordinated  system  in  order  to  reach  certain
objectives’17.

Article  2(1)(c)  of  the  proposal  clarifies  that  the  definition  of  ”Community  institutions  and
bodies”  does  not  include  those  “when  and  to  the  extent  to  which  they  act  in  a  judicial  or
legislative capacity”. Applied to the decision-making on plans and programmes relating to the
environment, which are prepared by the Commission and subsequently  endorsed or  adopted
by  a  legislative  act,  this  means  that  the  public  participation  requirements  cover  the  stage
preceding the legislative proposal by the Commission. Once a proposal is made, participation
is ensured through the parliamentary process.

Requirements for public participation (Article 8)

Article  7,  first  part  requires  that  “practical  and/or  other  provisions”  be  made  for  public
participation  in  the  preparation  of  plans  and  programmes  relating  to  the  environment.  As
concerns the modalities to be provided for, it refers back to Article 6, paragraphs 3, 4 and 8.
The present proposals takes up these requirements, addressed to Community institutions and
bodies where they prepare plans and programmes relating to the environment.

14

15

16

17

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,  and  repealing  Council
Directive 90/220/EEC, OJ L 106, 17.4.2001, p.1
Århus Convention, Article 6(11): “Each Party shall, within the framework of its national law, apply, to
the  extent  feasible  and  appropriate,  provisions  of  this  article  to  decisions  on  whether  to  permit  the
deliberate release of genetically modified organisms into the environment”
Article 7, 1st part: “Each Party shall  make appropriate practical and/other  provisions  for  the  public  to
participate  during  the  preparation  of  plans  and  programmes  relating  to  the  environment,  within  a
transparent  and  fair  framework,  having  provided  the  necessary  information  to  the  public.  Within  this
framework, article 6, paragraphs 3, 4 and 8 shall be applied. The public which may participate shall be
identified by the relevant public authority, taking into account the objectives of the Convention….”
Court of Justice, case c-387/97 Commission v. Greece, ECR 2000, p. I-5047.

14

                                                
In  line  with  Article  7,  sentence  3  of  the  Århus  Convention,  it  will  be  for  the  relevant
Community  institution  or  body  to  identify  the  public  which  may  participate.  This  takes
account of the fact that the plans and programmes covered might be very varied, and that the
public  authority  in  question  is  best  placed  to  define  the  target  public.  In  any  case,  when
identifying the public to consult, the Community institution or body will have to take account
of the objectives of the Convention, and to  include relevant  non-governmental organisation,
such as those providing environmental protection. In line  with Articles 7, 6(3) of the  Århus
Convention,  the  proposal  requires  the  public  participation  provisions  to  include  reasonable
timeframes  and  provide  the  necessary  information  to  allow  for  effective  participation.  The
requirement  to  provide  for  early  and  effective  participation  is  formulated  along  the  lines  of
Article 6(4) of the Århus Convention. The requirement to take due account of the results of
public participation follows from Article 7 in conjunction with 6(8) of the Århus Convention.

For the Commission, general principles and minimum standards for consultation of interested
parties have already been established in December 200218. These standards were not designed
to  cover  specifically  environmental  decision-making,  but  in  particular  ‘major  policy
initiatives’ which, as a first step, are those  for which  also an  extended  impact assessment is
required following the Commission’s Communication on that issue of 5 June 200219. Within
this frame, they contain basic requirements  for the consultation of  interested  parties,  which,
according to the policy proposal under preparation, also include the public at large and civil
society  organisations.  The  general  principles  and  minimum  standards  in  particular  require
consultation  to  take  place  at  an  early  stage,  to  provide  the  necessary  information  on  the
consultation, to provide sufficient time for comments and to give feedback to those consulted,
including  on  the  results  of  the  consultation  and  how  these  were  taken  into  account  in  the
proposal.

These guidelines however do not apply to the other Community institutions or bodies, which
by  the  present  proposal  will  be  obliged  to  adopt  similar  instruments  in  relation  to  the
preparation of plans and programmes relating to the environment.

As the Commission’s general principles and minimum standards for participation in decision-
making were adopted with a view to a more general coverage, the Commission will have to
complete  those  to  fully  integrate  the  specific  requirements  of  the  Århus  Convention,  in
particular  the  coverage  of  relevant  ‘plans  and  programmes  relating  to  the  environment’.  A
commitment  to  that  end  is  already  contained  in  the  Commission’s  Communication
establishing  those  standards20.  Given  that  the  consultation  standards  have  been  in  operation
only for a short period, it is envisaged to take up this issue after a period of two years, when
some more practical experience on all aspects of their operation will have been gained.

(TITLE IV)

ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS

The relevant articles on access to justice in environmental matters are Articles 9 to 13 of the
proposed  Regulation.  Those  articles  intend  to  fully  align  the  Community  law  to  the
Convention's provisions on access to justice.

18

19

20

COM(2002)704 of 11 December 2002
Communication from the Commission on impact assessment, COM(2002) 276 final
See Chapter III, Improving Commission consultation procedures – An ongoing process, and footnote 10

15

                                                
As regards Article 9(1) of the Århus Convention on access to justice concerning requests for
environmental  information,  Articles  7  and  8  of  Regulation  (EC)  No  1049/2001  already
establish provisions. The present proposal would extend those in relation to access to justice
concerning environmental information held by Community institutions and bodies other than
the European Parliament, the Council and the Commission.

Article 9(2) of the Convention is not of direct relevance, given that decision-making covered
by Article 6 of the Convention usually takes place at Member States’, and not at Community
level.  However,  legal  provisions  on  participation  in  environmental  decision-making  can  be
part  of  “environmental  law”,  in  which  case  access  to  justice  would  be  possible  under  the
general procedure established to implement Article 9(3) of the Convention.

To align Community law to the Convention’s provisions of Article 9 (3) on access to justice,
the establishment of a right of access to justice in environmental matters for every natural and
legal person has not been considered a reasonable option. This would imply an amendment of
Articles  230  and  232  of  the  EC-Treaty  and  could  hence  not  be  introduced  by  secondary
legislation.  The  present  proposal  provides  to  limit  legal  standing  to  environmental
organisations at European level, which meet a number of conditions - the “qualified entities”.
Such  limitation  is  considered  to  be  in  line  with  Article  9(3),  as  this  provision  gives  the
possibility to the Contracting Parties to lay down criteria for the members of the public to be
granted  legal  standing.  The  further  requirement  of  Article  9(3),  of  access  to  justice  to  also
cover acts and omissions by private persons, has to be seen together with the proposal for a
Directive on access to justice in environmental matters. It is proposed to address this aspect in
that  Directive,  as  it  is  above  all  for  Member  States  to  ensure  private  persons  to  abide  by
environmental law. The proposed Directive stipulates the objective in line with Article 9(3) of
the Århus Convention, leaving it  to  Member  States  to  set  up  appropriate  criteria  for  related
access to justice under national law.

The  present  proposal  hence  establishes  access  to  justice  provisions  in  relation  to  acts  and
omissions by Community bodies and institutions, which contravene environmental law.

Request for internal review (Article 9)

Qualified  entities  may  submit  a  request  for  internal  review  of  an  administrative  act  or
omission  that  in  their  opinion  has  contravened  environmental  law.  This  request  is  to  be
addressed to the relevant Community institution or body and must precede any judicial action.

This preliminary procedure was introduced in order not to interfere with the right to access to
justice under Article 230 EC Treaty, under which a person may institute proceedings with the
Court  of  Justice  against  decisions  of  which  it  is  individually  and  directly  concerned.  The
addressee of the decision of internal review may have recourse to Article 230 EC Treaty; thus,
this  proposal  keeps  the  necessary  parallelism  with  the  proposal  for  a  directive  on  access  to
justice in environmental matters and with Article 230 EC Treaty. The Community institution
or body shall consider any such request for internal review unless it is clearly unsubstantiated.
It shall inform the qualified entity which has made the request, within a delay of twelve weeks
after  the  request  was  filed,  of  its  decision  to  take  measures  ensuring  compliance  with
environmental  law,  or  to  refuse  the  request.  Finally,  the  Community  institution  or  body  is
required to state the reasons for its decision.

Where  the  Community  institution  or  body  is,  despite  its  efforts,  not  able  to  take  a  decision
within  the above-mentioned time, it  is obliged to notify as quickly  as  possible  the  qualified
entity,  explaining  why  it  is  unable  to  decide,  and  when  it  intends  to  render  a  decision.  The

16

Community institution or body shall decide on the request within a reasonable time, in view
of the nature, extent and gravity of the breach of the environmental law concerned.

Legal standing of qualified entities (Article 10)

The  approach  to  give  legal  standing  to  representative  groups  of  the  public  combines  the
compatibility  with  the  EC  Treaty  and  a  broad  protection  of  the  environment.  These  groups
will  not  have  to  have  a  sufficient  interest  or  to  maintain  the  impairment  of  a  right  to  have
access to review procedures before the Court of Justice, in accordance with the proposal for a
directive on access to justice in environmental matters, and in line with the provisions of the
Århus Convention. Nevertheless, not all groups will have access to these procedures. To have
legal standing, a qualified entity must be recognised and comply with the criteria laid down in
Article 12 of the present proposal. In particular, the subject of the procedure must fall into the
statutory and geographical activity of the entity.

Proceedings before the Court of Justice (Article 11)

Where

– 

– 

– 

the relevant Community institution or body rejects the previous request for internal
review, or,

the  relevant  Community  institution  or  body  does  not  take  a  decision  in  the  period
mentioned in Article 9 of the Regulation, or,

the  qualified  entity  considers  that  the  decision  is  insufficient  to  ensure  compliance
with the environmental law concerned,

the qualified entity is entitled to appeal to the Court of Justice.

The  qualified  entity  shall  have  access  to  review  proceedings  before  the  Court  of  Justice  to
challenge  the  substantive  and  procedural  legality  of  the  above-mentioned  decision  of  the
Community institution or body.

Criteria for recognition of qualified entities (Article 12)

“Qualified  entity”  may  include  groups,  associations  or  organisations  whose  main  statutory
objective  is  the  protection  of  the  environment.  To  give  a  right  of  access  to  justice  to  these
entities  is  justified  by  the  increasingly  important  role  in  national  and  international
environmental protection played by them.

Considerable  advantages  can  be  gained  from  the  participation  of  these  organisations  in
environmental  procedures  because  they  assume  the  role  of  conservationists  of  the
environment. The entities concerned often have well-trained, motivated and qualified staff.

In any case, an organisation must meet the following criteria:

(a) 

(b) 

It must have legal personality. It must operate on a non-profit basis and in the
general interest of the environment: it may not pursue economic activities other
than those that relate to the principal objective of the organisation.

It must be active at Community level. Where it acts in the form of several co-
ordinated associations, those must cover at least three Member States.

17

(c) 

(d) 

It must have been legally constituted since more than two years and during that
period have been actively pursuing objectives concerning the protection of the
environment according to its statutes.

It  must  have  its  annual  statement  of  accounts  for  the  two  preceding  years
certified by a registered auditor.

Procedure for the recognition of qualified entities (Article 13)

As regards the process of recognition of qualified entities, the proposal provides for a mixed
approach, combining the possibility of a preliminary procedure and a case by case [“ad hoc”]
recognition.  This  approach  combines  effectiveness  and  flexibility.  Details  for  the  procedure
shall be elaborated and adopted by the Commission.

Where  a  qualified  entity  no  longer  satisfies  the  criteria  set  out  under  Article  12  of  this
proposal for a Regulation, the recognition may be cancelled. Prior notice of at least one month
must  be  given  to  the  qualified  entity  concerned,  stating  the  reasons  for  the  intended
cancellation.

(TITLE V)

FINAL PROVISIONS

Application measures (Article 14)

This Article obliges the Community institutions and bodies to adapt their rules of procedure to
the  provisions  of  this  proposal  for  a  Regulation.  These  provisions  shall  take  effect  from
[DATE]

Entry into force (Article 15)

The  final  provision  fixes  the  date  of  entry  into  force  for  [DATE]  and  determines  that  this
proposal for a Regulation shall be binding in its entirety and directly applicable in all Member
States.

18

2003/0242 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL

on the application of the provisions of the Århus Convention on Access to Information,
Public Participation in Decision-making and Access to Justice in Environmental Matters
to EC institutions and bodies

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 Commission21,

Having regard to the opinion of the European Economic and Social Committee22,

Having regard to the opinion of the Committee of the Regions23,

Acting in accordance with the procedure laid down in Article 251 of the Treaty24,

Whereas:

(1) 

(2) 

21

22

23

24

25

26

Community  legislation  in  the  field  of  the  environment  aims  to  contribute  to
preserving,  protecting  and  improving  the  quality  of  the  environment  and  protecting
human health.

The  Sixth  Community  Environment  Action  Programme25  stresses  the  importance  of
providing  adequate  environmental  information  and  effective  opportunities  for  public
participation in environmental decision-making, thereby increasing accountability and
transparency of decision-making and contributing to public awareness and support for
the  decisions  taken.  It  furthermore  encourages,  as  did  its  predecessors26,  more
legislation  on
effective 
environmental  protection,  including  the  enforcement  of  Community  rules  and  taking
action against breaches of Community environmental legislation.

implementation  and  application  of 

the  Community 

OJ C […] […], p.[…]
OJ C […] […], p.[…]
OJ C […] […], p.[…]
OJ C […] […], p.[…]
Decision 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the
Sixth Community Environment Action Programme. OJ L 242, 10.9.2002, p.1
Fourth  Community  Action  Programme  for  the  Environment,  OJ  C  328,  7.12.1987,  p.1.  Fifth
Community Action Programme for the Environment, OJ C 138, 17.9.1993, p.1

19

                                                
(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

27

28

29

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  (hereinafter  “the  Århus  Convention”).  Provisions  of
Community  law  should  be  consistent  with  that  Convention  with  a  view  to  its
conclusion by the European Community.

To  contribute  to  the  implementation  of  the  Convention,  the  Community  has  already
adopted  two  directives27  and  a  third  one  has  been  proposed28.  Provision  should  be
made  to  apply  the  requirements  of  the  Convention  to  Community  institutions  and
bodies.

It is appropriate to deal with the three pillars of the Århus Convention, that are access
to  information,  public  participation  in  decision-making  and  access  to  justice  in
environmental matters, in one piece of legislation and to lay down common provisions
regarding  objectives  and  definitions.  This  contributes  to  rationalising  legislation  and
increased  transparency  of  the  implementation  measures  taken  with  regard  to  the
Community level.

As  a  general  principle,  the  rights  guaranteed  by  the  three  pillars  of  the  Århus
Convention shall be accessible to the public without discrimination as to  citizenship,
nationality or domicile.

Article  2(2)  of  the  Århus  Convention  defines  public  authorities  in  a  broad  way,  the
basic concept being that wherever public authority is exercised, there should be rights
for  individuals  and  their  organisations.  It  is  hence  necessary  that  the  Community
institutions  and  bodies  covered  by  the  Regulation  be  defined  in  the  same  broad  and
functional way. In line with the Århus Convention, Community bodies and institutions
are to be excluded when and to the extent they act in a judicial or legislative capacity.

The definition of environmental information encompasses information in any form on
the state of the environment. This definition, which has been aligned to the definition
adopted for Directive 2003/4/EC on access to environmental information, has the same
content as the one laid down in the Århus Convention. The definition of “documents”
in  Article  3(a)  of  Regulation  (EC)  No  1049/200129  on  public  access  to  documents
encompasses environmental information as defined in this Regulation.

It  is  appropriate  for  the  present  Regulation  to  provide  for  a  definition  of  ‘plans  and
programmes’  within  the  meaning  of  the  Århus  provisions,  and  in  parallel  to  the
approach  followed  in  relation  to  the  Member  States’  obligations  under  existing  EC
law. ‘Plans and programmes relating to the environment’ are to be defined in relation
to  their  contribution  to  the  achievement,  or  likely  significant  effect  on  the
achievement, of the objectives of Community environmental policy. For the period of

Directive 2003/4/EC of the European Parliament and of the Council of 28 January on public access to
environmental information and repealing Council Directive 90/313/EEC, OJ L 41, 14.2.2003, p. 26 and
Directive  2003/35/EC  of  the  European  Parliament  and  of  the  Council  of  26  May  2003  providing  for
public  participation  in  respect  of  the  drawing  up  of  certain  plans  and  programmes  relating  to  the
environment and amending, with regard to public participation and access to justice, Council Directives
85/337/EEC and 96/61/EC. OJ L 156, 25.6.2003, p. 17.
Proposal for a Directive on access to justice in environmental matters COM(2003) 624 final
Regulation  (EC)  No  1049/2001/EC  of  the  European  Parliament  and  of  the  Council  of  30  May  2001
regarding  public  access  to  European  Parliament,  Council  and  Commission  documents,  OJ  L  145,
31.5.2001, p. 43.

20

                                                
ten  years  starting  from  22  July  2002,  Decision  No  1600/2002/EC  of  the  European
Parliament and of the Council laying down the Sixth Community Environment Action
Programme30  establishes  the  objectives  of  Community  environmental  policy,  and
actions planned to attain these objectives. After its expiry, this will be  the  case  for a
subsequent environmental action programme.

(10) 

In  view  of  the  fact  that  environmental  law  is  constantly  evolving  and  in  order  to
include  relevant  provisions  on  this  issue,  the  definition  of  environmental  law  should
refer to objectives of Community policy on the environment, notably to the protection
or  improvement  of  the  environment,  including  human  health  and  the  protection  of
natural resources.

(11)  Administrative  acts  should  be  subject  to  possible  review  where  they  have  legally
binding and external effect. In the same way, omissions should be covered where there
is  an  obligation  to  act  under  environmental  law.  As  acts  taken  by  a  Community
institution  or  body acting in  a  judicial  or  legislative  capacity  are  to  be  excluded,  the
same  should  apply  for  other  inquiry  procedures  where  the  Community  institution  or
body acts as an administrative review body under provisions of the EC Treaty.

(12)  The  Århus  Convention  calls  for  public  access  to  environmental  information  either
following  a  request  or  by  active  dissemination  by  the  authorities  covered  by  the
Convention. Regulation (EC) No 1049/2001 on public access to documents applies to
the European Parliament, the Council and the Commission, as well as to the Agencies
and  similar  bodies  set  up  by  a  Community  legal  act.  It  provides  rules  for  these
institutions  that  comply  to  a  great  extent  with  the  rules  laid  down  in  the  Århus
Convention.  It  is  necessary  to  extend  the  application  of  Regulation  (EC)  No
1049/2001 to all other Community institutions and bodies.

(13)  Where the Århus Convention contains provisions that are not, in whole or in part, to
be  found  also  in  Regulation  (EC)  No  1049/2001,  it  is  necessary  to  address  those,  in
particular  with  regard  to  the  collection  and  dissemination  of  environmental
information.

(14)  For  the  right  of  public  access  to  environmental  information  to  be  effective,
environmental  information  of  good  quality  is  essential.  It  is  therefore  appropriate  to
introduce rules that oblige Community institutions and bodies to ensure such quality.

(15)  Where  exceptions  are  foreseen  in  Article  4(1),  (2)  and  (3)  of  EC  Regulation  No
1049/2001,  these  shall  apply,  mutatis  mutandis,  to  requests  for  environmental
information under the present proposal.

(16)  Under  Decision  No  2119/98/EC  of  the  European  Parliament  and  the  Council  of  24
September 1998 setting up a network for the epidemiological surveillance and control
of  communicable  diseases  in  the  Community,31  a  network  at  Community  level  has
already  been  set  up  to  promote  cooperation  and  coordination  between  the  Member
States,  with  the  assistance  of  the  Commission,  with  a  view  to  improving  the
prevention  and  control  in  the  Community  of  a  number  of  communicable  diseases.
Decision  No  1786/2002/EC32  of  the  European  Parliament  and  of  the  Council  of  23

30

31

32

OJ L 242, 10.9.2002, p. 1.
OJ L 268, 3.10.1998, p. 1.
OJ L 271, 9.10.2002, p. 1.

21

                                                
September 2002 establishes a programme of Community action in the field of public
health that complements national policies. Improving information and knowledge for
the development  of public health  and  enhancing the capability of  responding  rapidly
and  in  a  coordinated  fashion  to  threats  to  health,  which  are  elements  of  this
programme, are objectives that are equally  fully  in  line  with  the  requirements  of  the
Århus Convention. The present Regulation shall therefore apply without prejudice to
Decision No 2119/98/EC and Decision No 1786/2002/EC.

(17)  Article 7, first part of the Århus Convention requires Parties to make provisions for the
public  to  participate  during  the  preparation  of  plans  and  programmes  relating  to  the
environment.

(18)  According  to  the  Århus  Convention,  such  provisions  are  to  include  reasonable
timeframes for informing the public of the environmental decision-making in question.
To be effective, public participation is to take place at an early stage, when all options
are  open.  In  decision-making  on  plans  and  programmes  relating  to  the  environment,
due  account  is  to  be  taken  of  the  results  of  public  participation.  Community
institutions  and  bodies,  when  establishing  provisions  on  public  participation,  are  to
identify  the  public  which  may  participate  in  the  light  of  the  objectives  of  the  Århus
Convention, including relevant non-governmental organisations.

(19)  Article  9(3)  of  the  Århus  Convention  provides  for  access  to  judicial  or  other  review
procedures  for  challenging  acts  and  omissions  by  private  persons  and  public
authorities  which  contravene  provisions  of  law  relating  to  the  environment.  Hence,
provisions on access to justice should be made in order to comply with the Convention
in a way which is consistent with the Treaty. It is appropriate in this context that the
present Regulation only addresses acts and omissions by public authorities, leaving the
issue  of private  persons  to be dealt  with  by  the  Member  States,  in  the  framework  of
Directive xxxx/xx/EC on access to justice in environmental matters33.

(20)  To  ensure  adequate  and  effective  remedies,  in  conformity  with  relevant  Community
legislation on access to review proceedings before the Court of Justice of the European
Communities,  it  is  appropriate  that  the  Community  institution  or  body  which  issued
the act or omission to be challenged, is given the opportunity to either reconsider its
former decision, or to act, in the case of an omission.

(21)  Entities active in the field of environmental protection which meet certain conditions,
to ensure that their primary objective is the protection of the environment, should have
access  to  environmental  proceedings  in  order  to  challenge  the  procedural  and
substantive  legality  of  administrative  acts  and  omissions  which  contravene  EC
environmental  law.  The  subject  matter  of  the  review  procedures  brought  by  these
entities must fall into the field of their statutory activities.

(22)  Where  previous  requests  for  internal  review  were  unsuccessfully  submitted,  the
qualified entities should be entitled to institute environmental proceedings before the
Court of Justice to challenge these administrative acts or omissions.

(23)  This Regulation respects the fundamental rights and observes the principles recognised
in  particular  by  the  Charter  of  Fundamental  Rights  of  the  European  Union.  In

33

Directive  xxxx/xx/EC  of  the  European  Parliament  and  of  the  Council  on  access  to  justice  in
envrionmental matters, OJ L […] […], p […]

22

                                                
particular,  this  Regulation  seeks  to  ensure  the  protection  of  the  environment  and
application of Article 37 of the Charter of Fundamental Rights of the European Union.

HAVE ADOPTED THIS REGULATION:

TITLE I

GENERAL PROVISIONS

Article 1

Objective

1. 

This  Regulation  lays  down  rules  aiming  to  apply  the  principles  of  the  UN/ECE
Convention  on  Access to  Information, Public Participation  in  Decision-making  and
Access to Justice in Environmental matters, hereafter named the Århus Convention,
to Community institutions and bodies, in particular by:

a)  guaranteeing the right of public access to environmental information held by or for
Community  institutions  and  bodies  and  by  setting  out  the  basic  terms  and
conditions of, and practical arrangements for, its exercise;

b)  ensuring  that  environmental  information  progressively  becomes  available  in
electronic  databases  that  are  easily  accessible  to  the  public  through  public
telecommunications networks;

c)  providing  for  public  participation  in  respect  of  the  preparation  by  Community

institutions and bodies of plans and programmes relating to environment;

d)  granting access to justice in environmental matters at Community level under the

conditions laid down by this Regulation.

2. 

This  Regulation  shall  apply  without  prejudice  to  other  Community  provisions
concerning access to information, public participation in decision-making and access
to justice in environmental matters.

Article 2

Definitions

1. 

For the purpose of this Regulation

a)  “applicant”  means  any  natural  or 

legal  person  requesting  environmental

information;

b)  “the  public”  means  one  or  more  natural  or  legal  persons,  and  associations,

organisations or groups of such persons;

23

c)  “Community institutions and bodies” means any public institution, body, office or
agency  established  by,  or  on  the  basis  of  the  Treaty  establishing  the  European
Community  and  performing  public  functions  except  when  and  to  the  extent  to
which it acts in a judicial or legislative capacity;

d)  “qualified entity” means any association or organisation which has the objective to
protect  the  environment  and  has  been  recognised  in  accordance  with  Articles  12
and 13;

e)  “environmental  information”  means  any  information  in  written,  visual,  aural,

electronic or any other material form on:

i) 

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, biological diversity and its components, including genetically
modified organisms, and the interaction between these elements;

ii)  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 point (i);

iii) measures  (including  administrative  measures),  policies,  legislation,  plans,
programmes, environmental agreements, and activities affecting or likely to
affect  the elements  and  factors  referred  to  in  points  (i)  and  (ii)  as  well  as
measures or activities designed to protect those elements;

iv)  reports on the implementation of environmental legislation;

v)  cost-benefit and other economic analyses and assumptions used within the
framework of the measures and activities referred to in point (iii); and

vi)  the  state  of  human  health  and  safety,  including  the  contamination  of  the
food chain, 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 point (i) or, through  those elements,  by  any  of
the matters referred to in points (ii) and (iii);

f)  “plans  and  programmes  relating 

to 

the  environment”  means  plans  and

programmes,

i)  which  are  subject  to  preparation  and/or  adoption  by  a  Community

institution or body,

ii)  which are required by legislative, regulatory or administrative provisions,

iii) and  which  contribute  to,  or  are  likely  to  have  significant  effects  on,  the
achievement of the objectives of Community environmental policy, as laid
down in Decision N° 1600/2002/EC of the European Parliament and of the
Council, or in any subsequent general environmental action programme.

General  environmental  action  programmes  shall  also  be  considered  as  ‘plans  and
programmes relating to the environment’.

24

This  definition  shall  not  include  financial  or  budget  plans  and  programmes,  or
internal work-programmes of a Community institution or body.

g)  “environmental law” means any Community legislation which has as its objective
the protection or the improvement of the environment including human health and
the protection or the rational use of natural resources in areas such as:

i)  water protection

ii)  noise protection

iii) soil protection

iv)  atmospheric pollution

v)  town and country planning and land use

vi)  nature conservation and biological diversity

vii) waste management

viii) 

chemicals, including biocides and pesticides

ix)  biotechnology

x)  other emissions, discharges and releases into the environment

xi)  environmental impact assessment

xii) access to environmental information and participation in decision-making;

h)  “administrative act” means any administrative measure taken under environmental
law by a Community institution or body having legally binding and external effect.

i)  “administrative omission” means any failure of a Community institution or body to
take administrative action under environmental law, where it is legally required to
do so;

2. 

Administrative acts and administrative omissions shall not include measures taken by
a  Community  institution  or  body  in  its  capacity  as  an  administrative  review  body
such as under:

– 

– 

– 

– 

Articles 81, 82, 86 and 87 EC Treaty (competition rules);

Articles 226 and 228 EC Treaty (infringement proceedings);

Article 195 EC Treaty (Ombudsman proceedings);

Article 280 EC Treaty (European Anti-fraud Office proceedings).

25

TITLE II

ACCESS TO ENVIRONMENTAL INFORMATION

Article 3

Application of Regulation (EC) No 1049/2001

Regulation  (EC)  No  1049/2001  shall  apply  to  any  request  by  an  applicant  for  access  to
environmental  information  held  by  or  for  Community  institutions  and  bodies  without
discrimination  as  to  citizenship,  nationality  or  domicile  and,  in  the  case  of  a  legal  person,
without  discrimination  as  to  where  it  has  its  registered  seat  or  an  effective  centre  of  its
activities.

For the purposes of this Regulation, the word “institution” in Regulation (EC) No 1049/2001
shall be read as “Community institution or body”.

Article 4

Collection and dissemination of environmental information

1. 

Community  institutions  and  bodies  shall  organise  the  environmental  information
which is relevant to their functions and which is held by or for them, with a view to
its  active  and  systematic  dissemination  to  the  public,  in  particular  by  means  of
computer  telecommunication  and/or  electronic  technology  in  accordance  with
Articles 11(1)  and  (2),  and  12  of Regulation (EC)  No  1049/2001.  They  shall  make
this  environmental  information  progressively  available  in  electronic  databases  that
are  easily  accessible  to  the  public  through  public  telecommunication  networks.  To
this end, they shall place the environmental information that they hold on databases
and provide these with search aids and other forms of software designed to assist the
public in locating the information they require.

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

Community  institutions  and  bodies  shall  make  all  reasonable  efforts  to  maintain
environmental information  held by or  for  them  in  forms  or  formats that are  readily
reproducible and accessible by computer telecommunications or by other electronic
means.

2. 

The  environmental  information  to  be  made  available  and  disseminated  shall  be
updated as appropriate.  In addition to the documents listed in Article 12(2)  and (3)
and  in  Article  13(1)  and  (2)  of  Regulation  (EC)  No  1049/2001,  the  databases  or
registers shall include the following:

a)  progress reports on the implementation of:

26

i) 

international  treaties,  conventions  or  agreements,  and  of  Community,
national, regional or local legislation, on the environment or relating to it,

ii)  policies, plans and programmes relating to the environment;

b)  reports on the state of the environment as indicated in paragraph 4;

c)  data  or  summaries  of  data  derived  from  the  monitoring  of  activities  affecting,  or

likely to affect, the environment;

d)  authorisations  with  a  significant  impact  on  the  environment  and  environmental
agreements or a reference to the place where such information can be requested or
accessed;

e)  environmental  impact  studies  and  risk  assessments  concerning  environmental
elements  or  a  reference  to  the  place  where  such  information  can  be  requested  or
accessed.

In  appropriate  cases,  Community 
the
requirements  of  paragraphs  1  and  2  by  creating  links  to  Internet  sites  where  the
information can be found.

institutions  and  bodies  may  satisfy 

The Commission shall ensure that, at regular intervals not exceeding 4 years, a report
on  the  state  of  the  environment,  including  information  on  the  quality  of,  and
pressures on, the environment is published and disseminated.

Article 5

Quality of the environmental information

Community institutions and bodies shall, so far as is within their power, ensure that
any information that is compiled by them or on their behalf and that is published is
up to date, accurate and comparable.

Community institutions and bodies shall, upon request, either inform the applicant of
the place where information  on  the  measurement  procedures,  including  methods  of
analysis, sampling and pre-treatment of samples, used in compiling the information
can  be  found,  if  it  is  available,  or  refer  to  a  standardised  procedure  that  has  been
used.

Article 6

3. 

4. 

1. 

2. 

Requests for access to environmental information which is not held by a Community
institution or body

Where  a  Community  institution  or  body  receives  a  request  for  access  to  environmental
information  and  where  this  information  is  not  held  by  or  for  that  Community  institution  or
body, it shall, as promptly as possible, inform the applicant of the Community institution or
body or the public authority within the meaning of Directive 2003/4/EC to which it believes it

27

is  possible  to  apply  for  the  information  requested  or  transfer  the  request  to  the  relevant
Community institution or body or the public authority and inform the applicant accordingly.

Article 7

Cooperation

In  the  event  of  an  imminent  threat  to  human  health  or  the  environment,  whether  caused  by
human  activities  or  due  to  natural  causes,  Community  institutions  and  bodies  shall,  upon
request of public authorities within the meaning of Directive 2003/4/EC, collaborate with and
assist  those  public  authorities  in  order  to  enable  the  latter  to  disseminate  immediately  and
without delay to the public that might be affected all environmental information which could
enable the public to take measures to prevent or mitigate harm arising from the threat to the
extent  that  this  information  is  held  by  or  on  behalf  of  Community  institutions  and  bodies
and/or those public authorities.

The first subparagraph shall apply without prejudice to any specific obligation laid down by
Community  legislation  in  particular  by  Decision  No  2119/98/EC  and  by  Decision  No
1786/2002/EC.

TITLE III

PUBLIC PARTICIPATION IN THE PREPARATION BY COMMUNITY INSTITUTIONS
AND BODIES OF PLANS AND PROGRAMMES RELATING TO THE ENVIRONMENT

Article 8

Community  institutions  and  bodies  shall  make  appropriate  practical  and/or  other  provisions
for  the  public  to  participate  during  the  preparation  of  plans  and  programmes  relating  to  the
environment. The provisions to be made to this end:

a)  shall  include  reasonable  timeframes,  allowing  sufficient  time  for  informing  the
public  of  the  plans  and  programmes  to  be  prepared  and  the  modalities  of  its
participation, and for the public to participate effectively in the preparation of the
plans and programmes relating to the environment;

b)  shall enable public participation at an early stage, when all options are open;

c)  shall provide that in the decision-making on the plan or programme relating to the

environment, due account is taken of the outcome of public participation;

d)  shall  identify  the  public  which  may  participate,  including  relevant  non-
governmental organisations such as those promoting environmental protection.

28

TITLE IV

ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS

Article 9

1. 

2. 

3. 

4. 

Request for internal review of administrative acts

Any  qualified  entity  who  has  legal  standing  according  to  Article  10  and  who
considers that an administrative act or an omission is in breach of environmental law
is entitled to make a request for internal review to the Community institution or body
that has adopted the act or, in case of an alleged omission, should have acted.

Such  request  must  be  made  in  writing  and  within  a  time  limit  not  exceeding  four
weeks after the administrative act was adopted, or, in the case of an alleged omission,
four  weeks after  the  date  when  the  administrative  act  was  required  by  law.  It  shall
specify the alleged breach of environmental law as well as the content of the review
decision sought.

The Community institution or body referred to in paragraph 1 shall consider any such
request,  unless  the  request  is  clearly  unsubstantiated.  It  shall  issue  as  soon  as
possible,  but  no  later  than  twelve  weeks  after  receipt  of  the  request,  a  decision  in
writing on the measure to be taken to ensure compliance with the environmental law,
or  on  its  refusal  with  regard  to  the  request.  The  decision  shall  be  addressed  to  the
qualified  entity  that  has  made  the  request;  it  shall  explain  the  reasons  for  the
decision.

Where the Community institution or body is unable, despite due diligence, to take a
decision on a request for internal review within the period mentioned in paragraph 2,
it shall inform the qualified entity which made the request as soon as possible and at
the latest within the period mentioned in that paragraph, of the reasons for not being
able to take that decision and when it intends to decide on the request.

The  Community  institution  or  body  shall  take  a  decision  on  a  request  for  internal
review, considering the nature, extent and gravity of the breach of the environmental
law within a reasonable time frame, but not exceeding eighteen weeks from receipt
of the request. It shall immediately inform the qualified entity of its decision on the
request.

Article 10

Legal standing

A qualified entity shall be entitled to make a request for internal review according to Article
9, without having a sufficient interest or maintaining the impairment of a right, provided that:

a)  it is recognised in accordance with Articles 12 and 13, and

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b)  the  subject  matter  in  respect  of  which  a  request  for  internal  review  is  made  is

covered by its statutory activities.

Article 11

Proceedings before the Court of Justice

1. 

2. 

Where  the  qualified  entity  which  made  a  request  for  internal  review  according  to
Article 9 considers that a decision by the Community institution or body in response
to  that  request  is  insufficient  to  ensure  compliance  with  environmental  law,  the
qualified entity may institute proceedings before the Court of Justice  in  accordance
with Article 230(4) EC Treaty, to review the substantive and  procedural  legality of
that decision.

Where a decision on a request for internal review made according to Article 9 has not
been taken by the Community institution or body within the period mentioned in that
Article, the qualified entity may institute proceedings before the Court of Justice in
accordance with Article 232(3) EC Treaty.

Article 12

Criteria for recognition of qualified entities

In order to be recognised, a qualified entity shall comply with the following criteria:

a)  It  must  be  an  independent  and  non-profit-making  legal  person,  which  has  the

objective to protect the environment;

b)  it must be active at Community level;

c)  it  must  have  been  legally  constituted  for  more  than  two  years  and,  during  that
period,  have  been  actively  pursuing  environmental  protection  according  to  its
statutes;

d)  it must have its annual statement of accounts for the two preceding years certified

by a registered auditor.

In order to be considered as active at Community level, where a qualified  entity is active in
the form of several co-ordinated associations or organisations with a structure that is based on
membership, those associations or organisations must cover at least three Member States.

Article 13

Procedure for recognition of qualified entities

1. 

The  Commission  shall  adopt  the  necessary  provisions  to  ensure  an  expeditious
recognition of a qualified entity where it meets the criteria set out under Article 12.

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These  provisions  shall  provide  either  for  recognition  on  a  case  by  case  basis  ("ad
hoc") or advance recognition for a specified future period.

2. 

The  Commission  shall  examine,  at  regular  intervals,  whether  the  conditions  for
recognition continue to be fulfilled.

Where a qualified entity no longer satisfies the criteria in Article 12, the recognition
shall be cancelled. Notice shall be given to the qualified entity concerned at least one
month  before  the  decision  is  taken.  The  decision  shall  state  the  reasons  for  the
cancellation.

TITLE V

FINAL PROVISIONS

Article 14

Application measures

Where necessary, Community institutions  and  bodies  shall  adapt  their  rules  of  procedure  to
the provisions of this Regulation. These adaptations shall take effect from [DATE].

Article 15

Entry into force

This Regulation shall enter into force on the third day following that of its publication in the
Official Journal of the European Union.

It shall apply from [DATE].

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament
The President

For the Council
The President

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