Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 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
Date: 2006-09-06
Institutions: Council of the European Union, European Parliament
Subjects: EU body, EU environmental policy, EU institution, access to information, access to the courts, environmental law, environmental monitoring, international convention, transparency in decision-making

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REGULATION (EC) No 1367/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 6 September 2006

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(3)

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

Having regard to the proposal from the Commission,

On 25 June 1998 the Community signed the United
Nations Economic Commission for Europe (UNECE) Con-
vention on Access to Information, Public Participation in
Decision-making and Access to Justice in Environmental
Matters (hereinafter the Aarhus Convention). The Com-
munity approved the Aarhus Convention on 17 Febru-
ary 2005 (5). Provisions of Community law should be
consistent with that Convention.

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

(4)

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251
of the Treaty, in the light of the joint text approved by the Con-
ciliation Committee on 22 June 2006 (2),

Whereas:

(1)

(2)

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

The Sixth Community Environment Action Programme (3)
stresses the importance of providing adequate environ-
mental 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 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.

(1) OJ C 117, 30.4.2004, p. 52.
(2) Opinion 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 Par-
liament of 18 January 2006 (not yet published in the Official Jour-
nal). Legislative resolution of the European Parliament of 4 July 2006
(not yet published in the Official Journal) and Decision of the Coun-
cil of 18 July 2006.

(3) Decision No 1600/2002/EC of the European Parliament and of the
Council of 22 July 2002 laying down the Sixth Community Environ-
ment 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).

The Community has already adopted a body of legisla-
tion, which is evolving and contributes to the achieve-
ment of
the Aarhus Convention.
Provision should be made to apply the requirements of
the Convention to Community institutions and bodies.

the objectives of

(5)

(6)

(7)

It is appropriate to deal with the three pillars of the Aar-
hus Convention, namely access to information, public par-
ticipation 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 increasing the transparency of the implementation
measures taken with regard to Community institutions
and bodies.

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

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 individu-
als 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 appli-
cation 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 Par-
liament and of the Council of 30 May 2001 regarding
public access to European Parliament, Council and Com-
mission documents (6), the provisions on access to envi-
ronmental
information should apply to Community
institutions and bodies acting in a legislative capacity.

(5) Council Decision 2005/370/EC (OJ L 124, 17.5.2005, p. 1).
(6) OJ L 145, 31.5.2001, p. 43.

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(8)

(9)

The definition of environmental information in this Regu-
lation 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
of the European Parliament and of the Council of 28 Janu-
ary 2003 on public access to environmental information
and repealing Council Directive 90/313/EEC (1), has the
same content as the one laid down in the Aarhus Conven-
tion. 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 defi-
nition 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’ obli-
gations 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 environmental policy. For the
ten-year period starting from 22 July 2002, the Sixth
Community Environment 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 pro-
gramme 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 environ-
ment as set out in the Treaty.

legal act. It lays down rules for these institutions that com-
ply to a great extent with the rules laid down in the Aar-
hus Convention. It is necessary to extend the application
of Regulation (EC) No 1049/2001 to all other Commu-
nity institutions and bodies.

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

(14)

For the right of public access to environmental informa-
tion 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.

in this Regulation concerning requests

(15) Where Regulation (EC) No 1049/2001 provides for excep-
tions, these should apply subject to any more specific pro-
visions
for
environmental information. 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 infor-
mation requested relates to emissions in the environment.
The term ‘commercial
interests’ covers confidentiality
agreements concluded by institutions or bodies acting in
a banking capacity.

(16)

(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 cov-
ered where there is an obligation to adopt an administra-
tive act under environmental law. Given that acts adopted
by a Community 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 environ-
mental information either following a request or by active
dissemination by the authorities covered by the Conven-
tion. Regulation (EC) No 1049/2001 applies to the Euro-
pean Parliament, the Council and the Commission, as well
as to agencies and similar bodies set up by a Community

(1) OJ L 41, 14.2.2003, p. 26.

Pursuant to Decision No 2119/98/EC of the European Par-
liament and the Council of 24 September 1998 setting up
a network for the epidemiological surveillance and con-
trol of communicable diseases in the Community (2), a
network at Community level has already been set up to
promote cooperation and coordination between the Mem-
ber States, with the assistance of the Commission, with a
view to improving the prevention and control in the Com-
munity of a number of communicable diseases. Decision
No 1786/2002/EC of the European Parliament and of the
Council (3) adopts a programme of Community action in
the field of public health that complements national poli-
cies. Improving information and knowledge for the devel-
opment 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 require-
ments of the Aarhus Convention. This Regulation should
therefore
to Decision
No 2119/98/EC and Decision No 1786/2002/EC.

apply without

prejudice

(2) OJ L 268, 3.10.1998, p. 1. Decision as last amended by Regula-

tion (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(3) 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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(17)

The Aarhus Convention requires Parties to make provi-
sions 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 participa-
tion, Community institutions and bodies, should identify
the public which may participate. The Aarhus Conven-
tion also requires that, to the extent appropriate, Parties
shall endeavour to provide opportunities for public par-
ticipation in the preparation of policies relating to the
environment.

(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 provisions of law relating to the envi-
ronment. Provisions on access to justice should be consis-
tent 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 Com-
munities 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 envi-
ronmental protection which meet certain criteria, in par-
ticular in order to ensure that they are independent and
accountable organisations that have demonstrated that
their primary objective is to promote environmental pro-
tection, should be entitled to request internal review at
Community level of acts adopted or of omissions under
environmental law by a Community institution or body,
with a view to their reconsideration by the institution or
body in question.

HAVE ADOPTED THIS REGULATION:

TITLE I

GENERAL PROVISIONS

Article 1

Objective

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

(a) guaranteeing the right of public access to environmental
information received or produced by Community institu-
tions 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 dis-
semination. 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 and pro-

grammes relating to the environment;

(d) granting access to justice in environmental matters at Com-
munity level under the conditions laid down by this
Regulation.

In applying the provisions of this Regulation, the Commu-
2.
nity institutions and bodies shall endeavour to assist and pro-
vide guidance to the public with regard to access to information,
participation in decision-making and access to justice in environ-
mental matters.

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

Article 2

Definitions

1.

For the purpose of this Regulation:

(22)

This Regulation respects the fundamental rights and
observes the principles recognised by Article 6 of the
Treaty on the European Union and reflected in the Char-
ter of Fundamental Rights of the European Union, in par-
ticular Article 37 thereof,

(a)

‘applicant’ means any natural or legal person requesting envi-
ronmental information;

(b)

‘the public’ means one or more natural or legal persons, and
associations, organisations or groups of such persons;

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(c)

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

(d)

‘environmental information’ means any information in writ-
ten, visual, aural, electronic or any other material form on:

(i)

(ii)

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, includ-
ing genetically modified organisms, and the interaction
among these elements;

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

(vi) the state of human health and safety, including the con-
tamination of the food chain, where relevant, condi-
tions 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);

General environmental action programmes shall also be con-
sidered as plans
relating to the
and programmes
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)

(g)

(h)

‘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: preserving, 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
regional or worldwide environmental problems;

‘administrative act’ means any measure of individual scope
under environmental law, taken by a Community institu-
tion or body, and having legally binding and external effects;

‘administrative omission’ means any failure of a Commu-
nity institution or body to adopt an administrative act as
defined in (g).

Administrative acts and administrative omissions shall not
2.
include measures taken or omissions by a Community institu-
tion or body in its capacity as an administrative review body,
such as under:

(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).

(e)

‘plans and programmes relating to the environment’ means
plans and programmes,

TITLE II

(i) which are subject to preparation and, as appropriate,

adoption by a Community institution or body;

ACCESS TO ENVIRONMENTAL INFORMATION

(ii) which are required under legislative, regulatory or

administrative provisions; and

Article 3

Application of Regulation (EC) No 1049/2001

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

Regulation (EC) No 1049/2001 shall apply to any request by an
applicant for access to environmental information held by Com-
munity institutions and bodies without discrimination as to citi-
zenship, 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.

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

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

Article 4

Collection and dissemination of environmental
information

1.
Community institutions and bodies shall organise the envi-
ronmental 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 informa-
tion progressively available in electronic databases that are easily
accessible to the public through public telecommunication net-
works. To that end, they shall place the environmental informa-
tion that they hold on databases and equip these with search aids
and other forms of software designed to assist the public in locat-
ing the information they require.

The information made available by means of computer telecom-
munication and/or electronic technology need not include infor-
mation collected before the entry into force of this Regulation
unless it is already available in electronic form. Community insti-
tutions and bodies shall as far as possible indicate where infor-
mation collected before entry into force of this Regulation which
is not available in electronic form is located.

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

The environmental information to be made available and
2.
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 reg-
isters shall include the following:

(a)

texts of international treaties, conventions or agreements,
and of Community legislation on the environment or relat-
ing to it, and of policies, plans and programmes relating to
the environment;

(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)

steps taken in proceedings for infringements of Community
law from the stage of the reasoned opinion pursuant to
Article 226(1) of the Treaty;

(d)

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

(f)

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;

(g) environmental impact studies and risk assessments concern-
ing environmental elements, or a reference to the place
where such information can be requested or accessed.

In appropriate cases, Community institutions and bodies
3.
may satisfy the requirements of paragraphs 1 and 2 by creating
links to Internet sites where the information can be found.

The Commission shall ensure that, at regular intervals not
4.
exceeding four 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,

1.
insofar as is
within their power, ensure that any information that is compiled
by
accurate
and comparable.

them, or on their behalf,

is up-to-date,

2.
Community institutions and bodies shall, upon request,
inform the applicant of the place where information on the mea-
surement procedures, including methods of analysis, sampling
and pre-treatment of samples, used in compiling the informa-
tion 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.
As regards Article 4(2), first and third indents, of Regula-
tion (EC) No 1049/2001, with the exception of investigations,
in particular those concerning possible infringements of Com-
munity law, an overriding public interest in disclosure shall be
deemed to exist where the information requested relates to emis-
sions into the environment. As regards the other exceptions set
out in Article 4 of Regulation (EC) No 1049/2001, the grounds
for refusal shall be interpreted in a restrictive way, taking into
account the public interest served by disclosure and whether the
information requested relates to emissions into the environment.

2.
In addition to the exceptions set out in Article 4 of Regu-
lation (EC) No 1049/2001, Community institutions and bodies
may refuse access to environmental information where disclo-
sure of the information would adversely affect the protection of
the environment to which the information relates, such as the
breeding sites of rare species.

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Article 7

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 informa-
tion is not held by that Community institution or body, it shall,
as promptly as possible, but within 15 working days at the latest,
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 insti-
tution or body or the public authority and inform the applicant
accordingly.

Article 8

Cooperation

In the event of an imminent threat to human health, life or the
environment, whether caused by human activities or due to natu-
ral 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 informa-
tion which could enable it to take measures to prevent or miti-
gate 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 AND PRO-
GRAMMES RELATING TO THE ENVIRONMENT

Article 9

1.
Community institutions and bodies shall provide, through
appropriate practical and/or other provisions, early and effective
opportunities for the public to participate during the prepara-
tion, modification or review of plans or programmes relating to
the environment when all options are still open. In particular,
where the Commission prepares a proposal for such a plan or
programme which is submitted to other Community institutions
or bodies for decision, it shall provide for public participation at
that preparatory stage.

Community institutions and bodies shall identify the pub-
2.
lic affected or likely to be affected by, or having an interest in, a

plan or programme of the type referred to in paragraph 1, tak-
ing into account the objectives of this Regulation.

3.
Community institutions and bodies shall ensure that the
public referred to in paragraph 2 is informed, whether by public
notices or other appropriate means, such as electronic media
where available, of:

(a)

the draft proposal, where available;

(b)

the environmental information or assessment relevant to the
plan or programme under preparation, where available; and

(c) practical arrangements for participation, including:

(i)

the administrative entity from which the relevant infor-
mation may be obtained,

(ii)

the administrative entity to which comments, opinions
or questions may be submitted, and

(iii) reasonable time-frames allowing sufficient time for the
public to be informed and to prepare and participate
effectively in the
environmental decision-making
process.

4.
A time limit of at least eight weeks shall be set for receiv-
ing comments. Where meetings or hearings are organised, prior
notice of at least four 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 or programme in
question.

5.
In taking a decision on a plan or programme relating to
the environment, Community institutions and bodies shall take
due account of the outcome of the public participation. Commu-
nity institutions and bodies shall inform the public of that plan
or programme, including its text, and of the reasons and consid-
erations upon which the decision is based, including informa-
tion on public participation.

TITLE IV

INTERNAL REVIEW AND ACCESS TO JUSTICE

Article 10

Request for internal review of administrative acts

1.
Any non-governmental organisation which meets the cri-
teria set out in Article 11 is entitled to make a request for inter-
nal review to the Community institution or body that has
adopted an administrative act under environmental law or, in
case of an alleged administrative omission, should have adopted
such an act.

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

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

3. Where the Community institution or body is unable,
despite exercising due diligence, to act in accordance with para-
graph 2,
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.

it shall

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

Article 11

Criteria for entitlement at Community level

A non-governmental organisation shall be entitled to make
1.
a request for internal review in accordance with Article 10, pro-
vided that:

it is an independent non-profit-making legal person in accor-
dance with a Member State’s national law or practice;

it has the primary stated objective of promoting environ-
mental protection in the context of environmental law;

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

(a)

(b)

(c)

(d)

The Commission shall adopt the provisions which are nec-
2.
essary to ensure transparent and consistent application of the cri-
teria mentioned in paragraph 1.

Article 12

Proceedings before the Court of Justice

The non-governmental organisation which made the
1.
request for internal review pursuant to Article 10 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 10(2) or (3) the non-governmental
organisation may institute proceedings before the Court of Jus-
tice in accordance with the relevant provisions of the Treaty.

TITLE V

FINAL PROVISIONS

Article 13

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 28 June 2007.

Article 14

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.

the subject matter in respect of which the request for inter-
nal review is made is covered by its objective and activities.

It shall apply from 28 June 2007.

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

Done at Strasbourg, 6 September 2006.

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
P. LEHTOMÄKI