European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters to Community institutions and bodies (6273/2/2005 - C6-0297/2005 - 2003/0242(COD))
Date: 2006-01-18
Institutions: Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: access to EU information, access to the courts, decision-making, environmental protection, international convention, transparency in decision-making

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1. Approves the joint text;

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of

2.
the EC Treaty;

3.
Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have
been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in
the Official Journal of the European Union;

4.

Instructs its President to forward this legislative resolution to the Council and Commission.

P6_TA(2006)0016

Application of the Aarhus Convention to EC institutions and bodies ***II

European Parliament legislative resolution on the Council common position for adopting a regu-
lation of the European Parliament and of the Council on the application of the provisions of the
Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access
to Justice in Environmental Matters to Community institutions and bodies (6273/2/2005 —
C6-0297/2005 — 2003/0242(COD))

(Codecision procedure: second reading)

The European Parliament,

— having regard to the Council common position (6273/2/2005 — C6-0297/2005),

— having regard to its position at first reading (1) on the Commission proposal to Parliament and the

Council (COM(2003)0622) (2),

— having regard to Article 251(2) of the EC Treaty,

— having regard to Rule 62 of its Rules of Procedure,

— having regard to the recommendation for second reading of the Committee on the Environment, Public

Health and Food Safety (A6-0381/2005),

1. Approves the common position as amended;

2.

Instructs its President to forward its position to the Council and Commission.

(1) OJ C 103 E, 29.4.2004, p. 612.
(2) Not yet published in OJ.

P6_TC2-COD(2003)0242

Position of the European Parliament adopted at second reading on 18 January 2006 with a view to
the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council on the
application of the provisions of the Aarhus Convention on Access to Information, Public Participa-
tion in Decision-making and Access to Justice in Environmental Matters to Community 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,

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— Having regard to the proposal from the Commission,

— Having regard to the opinion of the European Economic and Social Committee (1),

— After consulting the Committee of the Regions,

— Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

(1)

(2)

(3)

(4)

(5)

Community legislation in the field of the environment aims to contribute inter alia to preserving,
protecting and improving the quality of the environment, promoting sustainable development and
protecting human health.

The Sixth Community Environment Action Programme (3) stresses the importance of providing
adequate environmental information and effective opportunities for public participation in environ-
mental 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 predecessors (4), more effective implementation and application of Community legislation on
environmental protection, including the enforcement of Community rules and the taking of action
against breaches of Community environmental legislation.

On 25 June 1998 the Community signed the United Nations Economic Commission for Europe
(UNECE) Convention on Access to Information, Public Participation in Decision-making and Access
to Justice in Environmental Matters (hereinafter ‘the Aarhus Convention’). The Community approved
the Aarhus Convention on 17 February 2005. Provisions of Community law should be consistent
with that Convention.

The Community has already adopted a body of legislation, which is evolving and contributes to the
achievement of the objectives of the Aarhus Convention. 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 Aarhus Convention, namely access to informa-
tion, 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
the implementation
contributes to rationalising legislation and increasing the transparency of
measures taken with regard to Community institutions and bodies.

(6)

As a general principle, the rights guaranteed by the three pillars of the Aarhus Convention are
without discrimination as to citizenship, nationality or domicile.

(1) OJ C 117, 30.4.2004, p. 52.
(2) Position of the European Parliament of 31 March 2004 (OJ C 103 E, 29.4.2004, p. 612), Council Common Position
of 18 July 2005 (OJ C 264 E, 25.10.2005, p. 18) and Position of the European Parliament of 18 January 2006.
(3) Decision No 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).

(4) 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, 17.5.1993, p. 1).

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(7)

(8)

(9)

The Aarhus 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 therefore necessary that the Community institutions and bodies covered by this Regulation be
defined in the same broad and functional way. Under the Aarhus Convention, Community institu-
tions and bodies can be excluded from the scope of application of the Convention when acting in a
judicial or legislative capacity. However,
for reasons of consistency with Regulation (EC) No
1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access
to European Parliament, Council and Commission documents (1), the provisions on access to envir-
onmental information should apply to Community institutions and bodies acting in a legislative
capacity.

The definition of environmental information in this Regulation encompasses information in any
form on the state of the environment. This definition has been aligned to the definition adopted for
Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public
information (2) and includes the state of progress of proceedings for
access to environmental
infringement of Community law. The definition of ‘document’ in Regulation (EC) No 1049/2001
encompasses environmental information as defined in this Regulation.

It is appropriate for this Regulation to provide for a definition of ‘plans and programmes’ taking
into account the provisions of the Aarhus Convention, in parallel with the approach followed in
relation to the Member States' obligations under existing EC law. ‘Plans and programmes relating to
the environment’ should be defined in relation to their contribution to the achievement, or to their
likely significant effect on the achievement, of the objectives and priorities of Community environ-
mental policy. For the 10-year period starting from 22 July 2002, the Sixth Community Environ-
ment Action Programme establishes the objectives of Community environmental policy and the
actions planned to attain these objectives. At the end of this period, a subsequent environmental
action programme should be adopted.

(10)

In view of the fact that environmental law is constantly evolving, the definition of environmental
law should refer to the objectives of Community policy on the environment as set out in the Treaty.

(11) Administrative acts of individual scope should be open to possible internal review where they have
legally binding and external effects. Similarly, omissions should be covered where there is an obliga-
tion to adopt an administrative act under environmental law. Given that acts adopted by a Com-
munity institution or body acting in a judicial or legislative capacity can be excluded, the same
should apply to other inquiry procedures where the Community institution or body acts as an
administrative review body under provisions of the Treaty.

(12) The Aarhus 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 applies to the European Parliament, the Council and the Commission, as well as to agen-
cies 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 Aarhus Convention. It is necessary to
extend the application of Regulation (EC) No 1049/2001 to all other Community institutions and
bodies.

(13) Where the Aarhus 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.

(1) OJ L 145, 31.5.2001, p. 43.
(2) OJ L 41, 14.2.2003, p. 26.

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(14)

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

(15) Regarding exceptions to the rules on access to environmental information, the relevant provisions
of Directive 2003/4/EC should apply also to Community institutions and bodies. The grounds for
refusal as regards access to environmental information should be interpreted in a restrictive way,
taking into account the public interest served by disclosure and whether the information requested
relates to emissions in the environment.

(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 (1), 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/EC of the European Parliament and of the Council of 23 September
2002 (2) adopts 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 to respond rapidly and in a coordinated fashion to threats to health, both
of which are elements of this programme, are objectives that are equally fully in line with the
requirements of the Aarhus Convention. This Regulation should therefore apply without prejudice
to Decision No 2119/98/EC and Decision No 1786/2002/EC.

(17) The Aarhus Convention requires Parties to make provisions for the public to participate during the
preparation of plans and programmes relating to the environment. 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.
When laying down provisions on public participation, Community institutions and bodies should
identify the public which may participate.

(18) Article 9(3) of the Aarhus Convention provides for access to judicial or other review procedures for
challenging acts and omissions by private persons and public authorities which contravene provi-
sions of law relating to the environment. Provisions on access to justice should be consistent with
the Treaty. It is appropriate in this context that this Regulation address only acts and omissions by
public authorities.

(19) To ensure adequate and effective remedies, including those available before the Court of Justice of
the European Communities under the relevant provisions of the Treaty, it is appropriate that the
Community institution or body which issued the act to be challenged or which, in the case of an
alleged administrative omission, omitted to act, be given the opportunity to reconsider its former
decision, or, in the case of an omission, to act.

(20) Non-governmental organisations active in the field of environmental protection which meet certain
criteria, in particular in order to ensure that they are independent, law-abiding organisations whose
primary objective is to promote environmental protection, should be entitled to request internal
review at Community level of acts adopted or of omissions under environmental law by a Com-
munity institution or body, with a view to their reconsideration by the institution or body in ques-
tion.

(1) OJ L 268, 3.10.1998, p. 1. Decision as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003,

p. 1).

(2) OJ L 271, 9.10.2002, p. 1. Decision as amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).

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(21) Where previous requests for internal review have been unsuccessful, the non-governmental organisa-
tion concerned should be able to institute proceedings before the Court of Justice in accordance
with the relevant provisions of the Treaty.

(22) This Regulation respects the fundamental rights and observes the principles recognised by Article 6
of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the Euro-
pean Union, in particular Article 37 thereof,

HAVE ADOPTED THIS REGULATION:

TITLE I

GENERAL PROVISIONS

Article 1

Objective

The objective of this Regulation is to contribute to the implementation of the obligations arising
1.
under the UNECE Convention on Access to Information, Public Participation in Decision-making and
Access to Justice in Environmental matters, hereinafter referred to as ‘the Aarhus Convention’, by laying
down rules to apply the provisions of the Convention to Community institutions and bodies, in particular
by:

a) guaranteeing the right of public access to environmental information received or produced by Com-
munity institutions or bodies and held by them, and by setting out the basic terms and conditions of,
and practical arrangements for, the exercise of that right;

b) ensuring that environmental information is progressively made available and disseminated to the public
in order to achieve its widest possible systematic availability and dissemination. To that end, the use, in
particular, of computer telecommunication and/or electronic technology, where available, shall be
promoted;

c) providing for public participation concerning plans, programmes and policies relating to the environ-

ment;

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

by this Regulation.

2.
In applying the provisions of this Regulation, the Community institutions and bodies shall endeavour
to assist and provide guidance to the public with regard to access to information, 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;

(c) ‘Community institution or body’ means any public institution, body, office or agency established by, or
on the basis of, the Treaty except when acting in a judicial or legislative capacity. However, the provi-
sions under Title II shall apply to Community institutions or bodies acting in a legislative capacity;

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(d) ‘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, land-
scape and natural sites including wetlands, coastal and marine areas, biological diversity and its
components, including genetically modified organisms, and the interaction among these elements;

ii) factors, such as substances, energy, noise, radiation or waste, including radioactive waste, emis-
sions, 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), such as 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) the state of progress of proceedings for infringement of Community law;

vi) cost-benefit and other economic analyses and assumptions used within the framework of the

measures and activities referred to in point (iii); and

vii) the state of human health and safety, including the contamination of the food chain, where rele-
vant, 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);

(e) ‘Plans and programmes relating to the environment’ means plans and programmes,

i) which are subject to preparation, funding and, as appropriate, adoption by a Community institu-

tion or body;

ii) which are required under legislative, regulatory or administrative provisions; and

iii) which contribute to, or are likely to have significant effects on, the achievement of the objectives
of Community environmental policy, such as laid down in the Sixth Community Environment
Action Programme, or in any subsequent general environmental action programme.

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

This definition shall not include financial or budget plans and programmes, namely those laying down
how particular projects or activities should be financed or those related to the proposed annual
budgets, internal work programmes of a Community institution or body, or emergency plans and
programmes designed for the sole purpose of civil protection;

(f) ‘Environmental law’ means Community legislation which, irrespective of its legal basis, contributes to
the pursuit of the objectives of Community policy on the environment as set out in the Treaty: preser-
ving, protecting and improving the quality of the environment, protecting human health, the prudent
and rational utilisation of natural resources, and promoting measures at international level to deal with
local, regional or worldwide environmental problems;

(g) ‘Administrative act’ means any measure of individual scope under environmental law, taken by a Com-

munity institution or body, and having legally binding and external effects;

(h) ‘Administrative omission’ means any failure of a Community institution or body to adopt an adminis-

trative act as defined in (g).

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Administrative acts and administrative omissions shall not include measures taken or omissions by a

2.
Community institution or body in its capacity as an administrative review body, such as under:

Wednesday, 18 January 2006

(a) Articles 81, 82, 86 and 87 of the Treaty (competition rules);

(b) Articles 226 and 228 of the Treaty (infringement proceedings);

(c) Article 195 of the Treaty (Ombudsman proceedings);

(d) Article 280 of the Treaty (OLAF proceedings).

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 Community institutions and bodies without discrimination as to citizenship, nation-
ality 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 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 that end, they shall place the environmental information that they
hold on databases and equip 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. Where this is not the case, it shall be clearly stated where that information
can be found and how it can be obtained.

Community institutions and bodies shall make all reasonable efforts to maintain environmental informa-
tion held by them in forms or formats that are readily reproducible and accessible by computer telecom-
munications or by other electronic means.

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

a) texts of international treaties, conventions or agreements, and of Community legislation on the environ-

ment or relating to it, and of policies, plans and programmes relating to the environment;

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b) progress reports on the implementation of the items referred to under (a) where prepared or held in

electronic form by Community institutions or bodies;

c) the state of progress of proceedings for infringement of Community law;

d) reports on the state of the environment as referred to in paragraph 4;

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

environment;

f) authorisations with a significant impact on the environment, and environmental agreements, or a refer-

ence to the place where such information can be requested or accessed;

g) 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 institutions and bodies may satisfy the requirements of paragraphs

3.
1 and 2 by creating links to Internet sites where the information can be found.

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

4.
of the environment,
published and disseminated.

Article 5

Quality of the environmental information

Community institutions and bodies shall, insofar as is within their power, ensure that any informa-

1.
tion that is compiled by them or on their behalf is up-to-date, accurate and comparable.

Community institutions and bodies shall, upon request,

2.
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. Alternatively, they may refer
them to the standardised procedure that was used.

Article 6

Application of exceptions concerning requests for access to
environmental information

1.
Community institutions and bodies may deny access to environmental information or decide not to
disseminate environmental information only by virtue of one of the exceptions provided for in Article 4
of Directive 2003/4/EC or by virtue of paragraph 2 of this Article.

In addition to the exceptions

in Article 4 of Regulation (EC) No 1049/2001,
2.
Community institutions and bodies may refuse access to environmental information where disclosure of
the information would adversely affect the protection of the environment to which the information relates,
such as the breeding sites of rare species.

set out

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Article 7

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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 that Community institution or body, it shall, as promptly as possible,
but at the latest within 15 working days, 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 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 8

Charges

Community institutions and bodies not covered by Regulation (EC) No 1049/2001 may, where Article
10 of that Regulation is not applicable, make a reasonable charge for supplying information. They shall
publicise and make available to applicants a schedule of charges which may be levied, indicating the
circumstances in which they may be levied or waived and when the supply of information is conditional
on the advance payment of such a charge.

Article 9

Cooperation

In the event of an imminent threat to human health and life or to 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 it to take measures to prevent or minimise
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 CONCERNING PLANS, PROGRAMMES AND
POLICIES RELATING TO THE ENVIRONMENT

Article 10

1. When preparing, modifying or reviewing a plan, programme or policy relating to the environment,
Community institutions and bodies shall inform members of the public thereof, whether by public
notice or by other appropriate means such as electronic media. That information shall include, where
available, the draft proposal and the environmental information or assessment relevant to the plan,
programme or policy which is being prepared, modified or reviewed.

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2.
The Community institution or body preparing, modifying or reviewing the plan, programme or
policy relating to the environment shall inform members of the public about the practical arrangements
for participation and, in particular, of the administrative entity of the Community institution or body
from which the relevant information may be obtained and to which comments or questions may be
submitted and of the timetable for transmission of comments.

3.
Community institutions and bodies shall provide for practical arrangements to enable members of
the public to submit comments and opinions at an early stage before any decisions on the plan,
programme or policy are made. Depending on the nature of the plan, programme or policy, members of
the public shall be given the possibility to comment at the various stages of its preparation, modifica-
tion or review.

Such practical arrangements shall include reasonable time-frames for the various stages, so that members
of the public have sufficient time to be informed and to prepare and participate effectively in the environ-
mental decision-making process. As a rule, where consultations on a plan, programme or policy relating to
the environment are conducted in writing, there shall be a time-limit of eight weeks for receiving
comments. Where meetings or hearings are organised, prior notice of at least eight weeks shall be given.
Time limits may be shortened in urgent cases or where the public has already had the opportunity to
comment on the plan, programme or policy in question.

Article 11

Results of public participation

In taking a decision on the plan, programme or policy relating to the environment, Community institu-
tions and bodies shall take due account of the results of the public participation process.

Community institutions and bodies shall inform the public about that plan, programme or policy,
including its text, and of the reasons and considerations upon which the decision is based, including
information about the public participation process.

TITLE IV

INTERNAL REVIEW AND ACCESS TO JUSTICE

Article 12

Request for internal review of administrative acts

1.
Any non-governmental organisation which meets the criteria set out in Article 13 is entitled to make
a request for internal review to the Community institution or body that has adopted an administrative act
under environmental law or, in the case of an alleged administrative omission, should have adopted such
an act.

Such a request must be made in writing and within a time limit not exceeding eight weeks after the admin-
istrative act was adopted, notified or published, whichever is the latest, or, in the case of an alleged omis-
sion, eight weeks after the date when the administrative act was required. The request shall state the
grounds for the review.

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2.
The Community institution or body referred to in paragraph 1 shall consider any such request,
unless it is clearly unsubstantiated. The Community institution or body shall state its reasons in a written
reply as soon as possible, but no later than twelve weeks after receipt of the request.

3. Where the Community institution or body is unable, despite exercising due diligence, to act in
accordance with paragraph 2, it shall inform the non-governmental organisation which made the request
as soon as possible and at the latest within the period mentioned in that paragraph, of the reasons for its
failure to act and when it intends to do so.

In any event, the Community institution or body shall act within eighteen weeks from receipt of the
request.

Article 13

Criteria for entitlement at Community level

A non-governmental organisation shall be entitled to make a request for internal review in accord-

1.
ance with Article 12, provided that:

a) it is an independent, law-abiding,non-profit-making legal person in accordance with a Member State's

national law or practice;

b) it has the primary stated objective of promoting environmental protection in the context of environ-

mental law and/or of promoting sustainable development;

c) it has existed for more than two years and is actively pursuing the objective referred to under (b);

d) the subject matter in respect of which the request for internal review is made is covered by its objective

and activities.

The Commission shall adopt the provisions which are necessary to ensure transparent and consistent

2.
application of the criteria mentioned in paragraph 1.

Article 14

Proceedings before the Court of Justice

1.
The non-governmental organisation which made the request for internal review pursuant to Article
12 may institute proceedings before the Court of Justice in accordance with the relevant provisions of the
Treaty.

2. Where the Community institution or body fails to act in accordance with Article 12(2) or (3) the non-
governmental organisation may institute proceedings before the Court of Justice in accordance with the
relevant provisions of the Treaty.

TITLE V

FINAL PROVISIONS

Article 15

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 … (*).

(*) The date of entry into force of this Regulation.

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Article 16

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 … (*).

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

Done at …

For the European Parliament

The President

For the Council

The President

(*) Three months after the date of entry into force of this Regulation.

P6_TA(2006)0017

Afghanistan

European Parliament resolution on Afghanistan

The European Parliament,

— having regard to its previous resolutions on Afghanistan,

— having regard to the new Parliament inaugurated in Afghanistan on 19 December 2005, following elec-

tions held on 18 September 2005,

— having regard to the de facto conclusion, with the election of a National Assembly, of the process

launched by the Bonn Agreement of 5 December 2001,

— having regard to the election of Provincial Councils in all 34 provinces across the country,

— having regard to the EU-Afghanistan Joint Declaration ‘Committing to a new EU-Afghan Partnership’

signed in Strasbourg on 16 November 2005,

— having regard to the opening of the international conference in London on 31 January 2006 aimed at
establishing a post-Bonn Afghanistan Compact that will address the international community's support
with regard to security, governance and development challenges in Afghanistan,

— having regard to Rule 103(4) of the Rules of Procedure,

A. whereas the adoption of a new Constitution in January 2004, the holding of presidential elections in
October 2004 and of parliamentary and provincial elections in September 2005 — with the participa-
tion of millions of registered voters in both cases — were all important steps in a transition process
designed to put in place more representative and democratic institutions in Afghanistan, thereby
helping to bring about a peaceful and sustainable future for Afghanistan after a quarter of a century of
conflict and oppression,