2006/957/EC: Council Decision of 18 December 2006 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: 2006-12-18
Institutions: Council of the European Union
Subjects: EU environmental policy, UN convention, access to information, access to the courts, environmental law, environmental monitoring, genetically modified organism, transparency in decision-making

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COUNCIL DECISION

of 18 December 2006

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,

(4)

(2006/957/EC)

Having regard to the Treaty establishing the European Commu-
nity, 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)

(2)

(3)

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

The European Community, in accordance with the Treaty,
and in particular Article 175(1) thereof, has competence,
together with its Member States, to enter into interna-
tional agreements that contribute to the pursuit of the
objectives listed in Article 174(1) of the Treaty and to
implement the resulting obligations.

The Community signed the Aarhus Convention on
25 June 1998. The Convention entered into force on
30 October 2001. The Community approved the Conven-
tion on 17 February 2005, in accordance with Council
Decision 2005/370/EC (1).

the

held

Parties,

second meeting

The
on
of
25-27 May 2005, adopted an amendment to the Aarhus
Convention making more specific the obligations placed
on Parties with regard to public participation in geneti-
cally modified organism (GMO) decision-making pro-
cesses. Relevant Community law governing GMOs, and in
particular Directive 2001/18/EC of the European Parlia-
ment and of the Council of 12 March 2001 on the delib-
erate release into the environment of genetically modified
organisms (2) and Regulation (EC) No 1829/2003 of the
European Parliament and of the Council of 22 Septem-
ber 2003 on genetically modified food and feed (3), incor-
porates provisions for public participation in decision-
making on GMOs, consistent with the amendment to the
Aarhus Convention.

(5)

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

(6)

The amendment to the Aarhus Convention should be
approved,

HAS DECIDED AS FOLLOWS:

Article 1

The amendment to the Aarhus Convention concerning public
participation in decision-making on genetically modified organ-
isms is hereby approved on behalf of the Community.

The text of the amendment to the Aarhus Convention is attached
to this Decision.

(2) OJ L 106, 17.4.2001, p. 1. Directive as last amended by Regulation

(EC) No 1830/2003 (OJ L 268, 18.10.2003, p. 24).

(1) OJ L 124, 17.5.2005, p. 1.

(3) OJ L 268, 18.10.2003, p. 1.

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Article 2

Article 3

1.
The President of the Council is hereby authorised to desig-
nate the person(s) empowered to deposit the instrument of
approval of the amendment with the Secretary-General of the
United Nations, in accordance with Article 14 of the Aarhus
Convention.

2.
The European Community and Member States which are
Parties to the Aarhus Convention shall endeavour to deposit as
soon as possible, and not later than 1 February 2008, their instru-
ments of ratification, acceptance or approval of the amendment.

This Decision shall be published in the Official Journal of the Euro-
pean Union.

Done at Brussels, 18 December 2006.

For the Council
The President
J.-E. ENESTAM

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Amendment to the convention on access to information, public participation in decision-making and access to
justice in environmental matters

ANNEX

Article 6, paragraph 11

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

In accordance with the modalities laid down in Annex I bis, each Party shall provide for early and effective informa-
1.
tion 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.

The requirements made by Parties in accordance with the provisions of paragraph 1 of this Article should be comple-
2.
mentary 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:

‘Annex I bis

Modalities referred to in article 6 bis

1.

2.

Each Party shall lay down, in its regulatory framework, arrangements for effective information and public participa-
tion 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.

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:

(i)

such a release under comparable bio-geographical conditions has already been approved within the regula-
tory framework of the Party concerned;

and

(ii)

sufficient experience has previously been gained with the release of the GMO in question in comparable
ecosystems.

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(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 authorisation 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 authorisation 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 emer-

gency 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.

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.

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 organised pursuant to paragraph 1.

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

6.

7.

8.