2005/370/EC: Council Decision of 17 February 2005 on the conclusion, on behalf of the European Community, of the Convention on access to information, public participation in decision-making and access to justice in environmental matters
Date: 2005-02-17
Institutions: Council of the European Union
Subjects: EU environmental policy, UN convention, access to information, decision-making, disclosure of information, environmental monitoring, ratification of an agreement, transparency in decision-making

17.5.2005

EN

Official Journal of the European Union

L 124/1

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 17 February 2005

on the conclusion, on behalf of the European Community, of the Convention on access to
information, public participation in decision-making and access to justice in environmental
matters

(2005/370/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 175(1), in conjunction
with the first sentence of the first subparagraph of Article 300
(2), and the first subparagraph of Article 300(3), thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1) The UN/ECE Convention on access to information,
public participation in decision making and access to
justice in environmental matters (Aarhus Convention)
aims at granting the public rights and imposes on Parties
and public authorities obligations regarding access to
information and public participation and access to justice
regarding environmental matters.

(2)

Improvement of the public's access to information and a
broader participation of the public in decision-making
processes and access to justice are essential tools to
ensure public awareness on environmental issues and to
promote a better implementation and enforcement of
environmental
to
strengthen and make more effective environmental
protection policies.

legislation. Thus,

contributes

it

(3) The Aarhus Convention is open to ratification, accep-
tance, approval or accession by States and by regional
economic integration organisations.

(1) Opinion delivered on 31.3.2004.

(4) Under the terms of the Aarhus Convention, a regional
economic integration organisation must declare in its
instrument of
ratification, acceptance, approval or
accession, the extent of its competence in respect of
the matters governed by the Convention.

(5) The Community, in accordance with the Treaty, and in
particular Article 175(1) thereof, is competent, together
with its Member States, for entering into international
agreements, and for
implementing the obligations
resulting therefrom, which contribute to the pursuit of
the objectives listed in Article 174 of the Treaty.

(6) The Community and most of its Member States signed
the Aarhus Convention in 1998 and since then have
pursued their efforts in view of their approval of the
Convention.
relevant Community
legislation is being made consistent with the Convention.

In the meantime,

(7) The objective of the Aarhus Convention, as set forth in
its Article 1 thereof, is consistent with the objectives of
the Community's environmental policy,
listed in Arti-
cle 174 of the Treaty, pursuant to which the Community,
which shares competence with its Member States, has
already adopted a comprehensive set of legislation which
is evolving and contributes to the achievement of the
objective of
the Convention, not only by its own
institutions, but also by public authorities in its Member
States.

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Official Journal of the European Union

17.5.2005

(8) The Aarhus Convention should be approved,

Article 2

HAS DECIDED AS FOLLOWS:

The President of the Council is hereby authorised to designate
the person(s) empowered to deposit
the instrument of
approval with the Secretary-General of the United Nations,
in accordance with Article 19 of the Aarhus Convention.

At the same time, the designated person(s) shall deposit the
declarations set out
in
accordance with Article 19 of the Aarhus Convention.

in the Annex to this Decision,

Article 1

Article 3

The UN/ECE Convention on access to information, public
participation in decision-making and access to justice in
environmental matters,
is hereby
approved on behalf of the Community.

(Aarhus Convention)

The text of
Decision.

the Aarhus Convention is attached to this

This Decision shall be published in the Official Journal of the
European Union.

Done at Brussels, 17 February 2005.

For the Council
The President
J.-C. JUNCKER

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ANNEX

DECLARATION BY THE EUROPEAN COMMUNITY IN ACCORDANCE WITH ARTICLE 19 OF THE
CONVENTION ON ACCESS TO INFORMATION, PUBLIC PARTICIPATION IN DECISION-MAKING AND
ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS

The European Community declares that, in accordance with the Treaty establishing the European Community, and in
particular Article 175(1) thereof, it is competent for entering into international agreements, and for implementing the
obligations resulting therefrom, which contribute to the pursuit of the following objectives:

— preserving, protecting and improving the quality of the environment,

— protecting human health,

— prudent and rational utilisation of natural resources,

— promoting measures at international level to deal with regional or worldwide environmental problems.

Moreover, the European Community declares that it has already adopted several legal instruments, binding on its
Member States, implementing provisions of this Convention and will submit and update as appropriate a list of those
legal instruments to the Depositary in accordance with Article 10(2) and Article 19(5) of the Convention. In
particular, the European Community also declares that the legal
instruments in force do not cover fully the
implementation of the obligations resulting from Article 9(3) of the Convention as they relate to administrative and
judicial procedures to challenge acts and omissions by private persons and public authorities other than the
institutions of the European Community as covered by Article 2(2)(d) of the Convention, and that, consequently, its
Member States are responsible for the performance of these obligations at the time of approval of the Convention by
the European Community and will remain so unless and until the Community, in the exercise of its powers under the
EC Treaty, adopts provisions of Community law covering the implementation of those obligations.

Finally, the Community reiterates its declaration made upon signing the Convention that the Community institutions
will apply the Convention within the framework of their existing and future rules on access to documents and other
relevant rules of Community law in the field covered by the Convention.

The European Community is responsible for the performance of those obligations resulting from the Convention
which are covered by Community law in force.

The exercise of Community competence is, by its nature, subject to continuous development.

DECLARATION BY THE EUROPEAN COMMUNITY CONCERNING CERTAIN SPECIFIC PROVISIONS
UNDER DIRECTIVE 2003/4/EC

In relation to Article 9 of the Aarhus Convention, the European Community invites Parties to the Convention to take
note of Article 2(2) and Article 6 of Directive 2003/4/EC of the European Parliament and of the Council of
28 January 2003 on Public Access to Environmental Information. These provisions give Member States of the
European Community the possibility, in exceptional cases and under strictly specified conditions, to exclude certain
institutions and bodies from the rules on review procedures in relation to decisions on requests for information.

Therefore the ratification by the European Community of the Aarhus Convention encompasses any reservation by a
Member State of the European Community to the extent that such a reservation is compatible with Article 2(2) and
Article 6 of Directive 2003/4/EC.