2008/50/EC: Commission Decision of 13 December 2007 laying down detailed rules for the application of Regulation (EC) No 1367/2006 of the European Parliament and of the Council on the Aarhus Convention as regards requests for the internal review of administrative acts
Date: 2007-12-13
Institutions: European Commission
Subjects: EU body, EU institution, access to information, access to the courts, administrative measure, environmental law, international convention, non-governmental organisation, transparency in decision-making

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COMMISSION DECISION

of 13 December 2007

laying down detailed rules for the application of Regulation (EC) No 1367/2006 of the European
Parliament and of the Council on the Aarhus Convention as regards requests for the internal review
of administrative acts

(2008/50/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

referred to in Article 10 of Regulation (EC) No 1367/2006
shall:

Having regard to the Treaty
Community,

establishing the European

the
Having regard to Regulation (EC) No 1367/2006 of
the Council of 6 September
European Parliament and of
the Aarhus
the provisions of
2006 on the application of
Convention on Access to Information, Public Participation in
Decision-making and Access to Justice in Environmental Matters
to Community institutions and bodies (1), and in particular
Article 11(2) thereof,

1. specify the administrative act or alleged administrative
omission whose review is sought and the provisions of
environmental
to have been
law which it considers not
complied with;

2. state the grounds on which that request is made;

Whereas:

3. provide

the

relevant

information and

documentation

supporting those grounds;

(1)

(2)

(3)

Regulation (EC) No 1367/2006 makes provisions for the
application of
the Aarhus Convention to Community
institutions and bodies.

Title IV of that Regulation sets out provisions on internal
review of administrative acts and omissions, the appli-
cation of which requires detailed rules on the content
and means of submission of applications.

to make a request

Article 11(1) of Regulation (EC) No 1367/2006 sets out
criteria for the entitlement at Community level of non-
governmental organisations
for
internal review in accordance with Article 10 thereof,
the transparent and consistent application of which
require detailed rules on the evidence to be provided
time limits for
the calculation of
with applications,
reply
between
and
applications
to
Community institutions and bodies.

cooperation

4. specify the name and contact details of one person
empowered to represent the non-governmental organisation
vis-à-vis third parties for the purpose of making the request
for internal review in the case at issue;

5. provide evidence of its entitlement to make the request in

accordance with Article 3.

Article 2

Submission of requests

Requests for internal review of an administrative act or relating
to an administrative omission shall be sent by mail, fax or e-
mail
to the person(s) or department(s) designated by the
Community institution or body concerned to that effect.

(4)

In order to ensure a consistent application of Article 11
of Regulation (EC) No 1367/2006, this Decision should
apply from 28 June 2007,

Contact details of that (or those) person(s) or department(s)
shall be made known to the public by all appropriate means.

HAS DECIDED AS FOLLOWS:

CHAPTER II

Article 3

CHAPTER I

Article 1

Criteria for the entitlement of non-governmental
organisations to request internal review

Contents of a request for internal review

Any non-governmental organisation which submits a request
for internal review of an administrative act or omission as

(1) OJ L 264, 25.9.2006, p. 13.

for

internal

review of

Any non-governmental organisation which submits a
1.
act or
an administrative
request
omission as
to in Article 10 of Regulation
(EC) No 1367/2006 shall provide evidence that it meets the
criteria set out in Article 11(1) of that Regulation, in form of
the documents listed in the Annex to this Decision.

referred

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Where any of those documents cannot be provided for reasons
not attributable to the non-governmental organisation,
that
organisation may provide evidence in form of any other
equivalent documentation.

specified by the Community institution or body concerned.
During that period, the time limits laid down in Article 10 of
the Regulation shall be suspended.

from any of

2. Where it does not clearly appear
the
documents referred to in points 1, 2 or 3 of the Annex that
the subject matter in respect of which the request for internal
review is made is covered by the objectives and activities of the
non-governmental organisation, that organisation shall submit
any other documentation providing evidence that this criterion
is met.

the
3. Where it does not clearly appear
documents referred to under points 1, 2 or 3 of the Annex,
that
the non-governmental organisation is independent and
non-profit making, that organisation shall submit a declaration
to that effect, signed by a person empowered to do so within
the non-governmental organisation.

from any of

Article 4

Assessment of the entitlement of non-governmental
organisations to request internal review

1.
The Community institution or body concerned shall
satisfy itself that the non-governmental organisation meets the
Regulation
Article
criteria
(EC) No 1367/2006 by assessing the information provided in
accordance with Articles 1 and 3 of this Decision.

11(1)

out

set

of

in

2. Where, on the basis of that information, it is not possible
for the Community institution or body concerned to fully assess
whether the non-governmental organisation meets the criteria
set out in Article 11(1) of Regulation (EC) No 1367/2006, it
shall request additional documentation or information to be
provided by the organisation within a reasonable period to be

3. Where relevant,
the Community institution or body
concerned may consult the national authorities of the non-
governmental organisation’s country of registration or origin
to verify and assess the information provided by that organ-
isation.

Article 5

Administrative cooperation

Community institutions and bodies shall cooperate among
themselves to ensure a transparent and consistent application
of this Decision.

They shall exchange information as to which non-governmental
organisations have been acknowledged as being entitled to
make a request for internal review.

Article 6

Date of application

This Decision shall apply from 28 June 2007.

Done at Brussels, 13 December 2007.

For the Commission

Stavros DIMAS
Member of the Commission

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ANNEX

List of documents to be provided under Article 3(1)

1. Statute or by-laws of the non-governmental organisation, or any other document fulfilling the same role under
national practice, in respect of those countries where national law does not require or provide for a non-governmental
organisation to adopt statute or by-laws.

2. Annual activity reports of the non-governmental organisation of the last two years.

3. In respect of non-governmental organisations established in countries where the fulfilment of such procedures is a
prerequisite for a non-governmental organisation to obtain legal personality, copy of the legal registration with the
national authorities (public registry, official publication, or any other relevant document).

4. Where relevant, documentation that the non-governmental organisation has previously been acknowledged by a

Community institution or body as being entitled to make a request for internal review.