Proposal for a Council Decision on the conclusion, on behalf of the European Community, of an amendment to the Convention on access to information, public participation in decision making and access to justice in environmental matters
Date: 2006-06-26
Institutions: European Commission
Subjects: EU environmental policy, access to information, access to the courts, amendment, disclosure of information, environmental monitoring, international convention

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.6.2006 
COM(2006) 338 final 

2006/0113 (CNS) 

Proposal for a 

COUNCIL DECISION 

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

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  UN/ECE  Århus  Convention  on  access  to  information,  public  participation  in 
decision-making and access to justice in environmental matters (hereinafter referred 
to  as  the  Convention)  was  signed  by  the  Community  and  its  Member  States  on  25 
June 1998. The Convention entered into force on 30 October 2001 and was approved 
by the Community on 17 February 2005, following Council Decision 2005/370/EC1. 

Article 6 paragraph 11 of the Convention specifically addresses public participation 
in  relation  to  decision-making  on  the  deliberate  release  of  genetically  modified 
organisms  (hereinafter  GMOs)  into  the  environment  and  demands  Parties  to  apply 
the  requirements  of  Article  6,  to  the  extent  feasible  and  appropriate,  within  the 
framework of their national legislation. 

These requirements are given effect in the Community via relevant provisions under 
Directive  2001/18/EC  of  12  March  2001  on  the  deliberate  release  into  the 
environment of GMOs2 and Regulation (EC) No 1829/2003 of 22 September 2003 on 
genetically modified food and feed3. 

Signatories  to  the  Convention  requested  the  1st  Meeting  of  the  Parties  to  develop 
further the application of the Convention to the deliberate release of GMOs. The 1st 
Meeting of the Parties (Lucca, Italy, 21-23 October 2002) subsequently established a 
Working Group on GMOs, with a mandate to identify and develop potential options 
to  strengthen  the  existing  Århus  provisions  on  this  subject.  The  options  resulting 
from  the  work  of  this  group  were  examined  at  the  2nd  Meeting  of  the  Parties 
(Almaty, Kazakhstan, 27 May 2005). 

The  Council  of  the  European  Union  authorised  the  Commission,  on  behalf  of  the 
European  Community,  to  conduct  negotiations  on  a  possible  amendment  to  the 
existing  Århus  provisions  on  GMOs  in  accordance  with  negotiating  directives 
adopted  on  10  March  2005.  Within  the  framework  of  these  directives,  the 
Commission needed to ensure that decisions to be adopted by the 2nd Meeting of the 
Parties  would  be  consistent  with  relevant  Community  legislation,  particularly  on 
deliberate release into the environment and placing on the market of GMOs. 

The 2nd Meeting of the Parties agreed on an amendment to the Convention to make 
more specific the obligations placed on Parties with regard to public participation in 
decision-making on GMOs. Relevant Community rules governing GMOs incorporate 
provisions  for  access  to  information  and  public  participation,  in  particular  through 
the requirements of Articles 9 and 24 of Directive 2001/18/EC4 and of Articles 6, 18 

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. 
OJ L 106, 17/04/2001 p. 01-39. 
OJ L 268, 18/10/2003 p. 01-23. 
Articles 7, 8, 16, 19, 20, 23 and 31 of Directive 2001/18/EC contain specific provisions on information 
to  be  made  accessible  to  the  public.  In  addition,  Article  25  of  Directive  2001/18/EC  indicates  which 
information shall not be considered confidential. 

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and 29 of Regulation (EC) No 1829/20035. These provisions are consistent with the 
amendment to the Århus Convention, , which will hence not lead to any revision of 
this legislation. 

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The  successful  Community  coordination  during  the  negotiation  process  should  be 
similarly  ensured  with  regard  to  the  conclusion  of  the  amendment  to  the  Århus 
Convention, with a view to permit the deposit, as far as possible simultaneously, of 
the  instruments  of  ratification,  acceptance  or  approval  by  the  Community  and  the 
Member  States.  The  few  Member  States  that  have  not  yet  ratified  the  Convention 
should also step up their efforts to that end. 

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The Community should now approve this amendment to the Århus Convention. 

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Article  30  of  Regulation  (EC)  No  1829/2003  specifically  addresses  which  information  shall  not  be 
considered confidential. 

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2006/0113 (CNS) 

Proposal for a 

COUNCIL DECISION 

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

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, 

Whereas: 

(1) 

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(3) 

(4) 

The  UN/ECE  Convention  on  access  to  information,  public  participation  in  decision 
making  and  access  to  justice  in  environmental  matters  (hereinafter  the  Århus 
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. 

The  European  Community,  in  accordance  with  the  Treaty  establishing  the  European 
Community,  and  in  particular  Article  175  (1)  thereof,  is  competent  for  entering  into 
international  agreements,  and  for  implementing  the  resulting  obligations,  which 
contribute to the pursuit of the objectives listed in Article 174 (1) of the EC Treaty. 

The  Århus  Convention  was  signed  by  the  Community  on  25  June  1998  and  entered 
into force on 30 October 2001. The Convention was approved by the Community on 
17 February 2005 in accordance with Council Decision 2005/370/EC6. 

to  public  participation 

The Second Meeting on the Parties, meeting in May 2005, agreed on an amendment to 
the  Århus  Convention  making  more  specific  the  obligations  placed  on  parties  with 
regard 
in  GMO  decision-making  processes.  Relevant 
Community  law  governing  GMOs,  and  in  particular  Directive  2001/18/EC  and 
Regulation  (EC)  No  1829/2003,  incorporates  provisions  for  public  participation  in 
decision-making on GMOs, consistent with the amendment to the Århus Convention. 

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OJ L 124, 17/05/2005, p. 01-03. 

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(5) 

The  amendment  to  the  Århus  Convention  is  open  to  ratification,  acceptance  or 
approval  by  Parties  since  27  September  2005.  The  European  Community  and  the 
Member States should take the necessary steps to permit the deposit, as far as possible 
simultaneously, of the instruments of ratification, acceptance or approval. 

(6) 

The Community should approve this amendment to the Århus Convention. 

HAS DECIDED AS FOLLOWS: 

Article 1 

The amendment to the Århus Convention concerning public participation in decision-making 
on  genetically  modified  organisms,  as  laid  down  in  the  Annex  to  this  Decision,  is  hereby 
approved on behalf of the Community. 

Article 2 

1.  The  President  of  the  Council  is  hereby  authorised  to  designate  the  person  or  persons 
empowered  to  deposit  the  instrument  of  approval  of  the  amendment  with  the  Secretary-
General of the United Nations, acting in his capacity as depositary, in accordance with Article 
14 of the Århus Convention. 

2.  The  European  Community  and  Member  States  parties  to  the  Århus  Convention  shall 
endeavour to deposit simultaneously, as far as possible not later than 31 December 2006, their 
instruments of ratification, acceptance or approval of the amendment. 

Article 3 

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

Done at Brussels,  

For the Council 
The President 

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ANNEX 

AMENDMENT TO THE CONVENTION ON ACCESS TO INFORMATION, PUBLIC 
PARTICIPATION IN DECISION-MAKING AND ACCESS TO JUSTICE IN 
ENVIRONMENTAL MATTERS 

Article 6, paragraph 1 

For the existing text, substitute 

11. Without prejudice to article 3, paragraph 5, the provisions of this article shall not apply to 
decisions on whether to permit the deliberate release into the environment and placing on the 
market of genetically modified organisms. 

Article 6 bis 

After article 6, insert a new article reading 

Article 6 bis 

PUBLIC PARTICIPATION IN DECISIONS ON THE DELIBERATE RELEASE INTO 
THE ENVIRONMENT AND PLACING ON THE MARKET OF GENETICALLY 
MODIFIED ORGANISMS 

1.  In  accordance  with  the  modalities  laid  down  in  annex  I  bis,  each  Party  shall  provide  for 
early and effective information and public participation prior to making decisions on whether 
to permit the deliberate release into the environment and placing on the market of genetically 
modified organisms. 

2. The requirements made by Parties in accordance with the provisions of paragraph 1 of this 
article  should  be  complementary and mutually supportive to the provisions of their national 
biosafety framework, consistent with the objectives of the Cartagena Protocol on Biosafety. 

Annex I bis 

After annex I, insert a new annex reading 

MODALITIES REFERRED TO IN ARTICLE 6 BIS 

Annex I bis 

1.  Each  Party  shall  lay  down,  in  its  regulatory  framework,  arrangements  for  effective 
information  and  public  participation  for  decisions  subject  to  the  provisions  of  article  6  bis, 
which  shall  include  a  reasonable  time  frame,  in  order  to  give  the  public  an  adequate 
opportunity to express an opinion on such proposed decisions. 

2.  In  its  regulatory  framework,  a  Party  may,  if  appropriate,  provide  for  exceptions  to  the 
public participation procedure laid down in this annex: 

(a)  In  the  case  of  the  deliberate  release  of  a  genetically  modified  organism  (GMO)  into  the 

environment for any purpose other than its placing on the market, if: 

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(i)  Such  a  release  under  comparable  bio-geographical  conditions  has  already  been 

approved within the regulatory framework of the Party concerned; and 

(ii) Sufficient experience has previously been gained with the release of the GMO in 

question in comparable ecosystems 

(b) In the case of the placing of a GMO on the market, if: 

(i) It was already approved within the regulatory framework of the Party concerned; 

or 

(ii) It is intended for research or for culture collections. 

3.  Without  prejudice  to  the  applicable  legislation  on  confidentiality  in  accordance  with  the 
provisions  of  article  4,  each  Party  shall  make  available  to  the  public  in  an  adequate,  timely 
and effective manner a summary of the notification introduced to obtain an authorization for 
the  deliberate  release  into  the  environment  or  the  placing  on  the  market  of  a  GMO  on  its 
territory, as well as the assessment report where available and in accordance with its national 
biosafety framework. 

4. Parties shall in no case consider the following information as confidential: 

(a)  A  general  description  of  the  genetically  modified  organism  or  organisms  concerned,  the 
name and address of the applicant for the authorization of the deliberate release, the 
intended uses and, if appropriate, the location of the release 

(b)  The  methods  and  plans  for  monitoring  the  genetically  modified  organism  or  organisms 

concerned and for emergency response 

(c) The environmental risk assessment. 

5. Each Party shall ensure transparency of decision-making procedures and provide access to 
the relevant procedural information to the public. This information could include for example: 

(i) The nature of possible decisions 

(ii) The public authority responsible for making the decision; 

(iii) Public participation arrangements laid down pursuant to paragraph 1 

(iv)  An  indication  of  the  public  authority  from  which  relevant  information  can  be 

obtained 

(v) An indication of the public authority to which comments can be submitted and of 

the time schedule for the transmittal of comments. 

6.  The  provisions  made  pursuant  to  paragraph  1  shall  allow  the  public  to  submit  any 
comments,  information,  analyses  or  opinions  that  it  considers  relevant  to  the  proposed 
deliberate release, including placing on the market, in any appropriate manner. 

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7. Each Party shall endeavour to ensure that, when decisions are taken on whether to permit 
the  deliberate  release  of  GMOs  into  the  environment,  including  placing  on  the  market,  due 
account  is  taken  of  the  outcome  of  the  public  participation  procedure  organized  pursuant  to 
paragraph 1. 

8. Parties shall provide that when a decision subject to the provisions of this annex has been 
taken by a public authority, the text of the decision is made publicly available along with the 
reasons and considerations upon which it is based. 

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