2008/401/EC,Euratom: Commission Decision of 30 April 2008 amending its Rules of Procedure as regards detailed rules for the application of Regulation (EC) No 1367/2006 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 institution and bodies
Date: 2008-04-30
Institutions: European Commission
Subjects: EU body, EU environmental policy, access to information, access to the courts, environmental law, international convention, transparency in decision-making

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Official Journal of the European Union

30.5.2008

COMMISSION DECISION

of 30 April 2008

amending its Rules of Procedure as regards detailed rules for the application of Regulation (EC) No
1367/2006 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 institution and bodies

(2008/401/EC, Euratom)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community, and in particular Article 218(2) thereof,

establishing the European

Having regard to the Treaty establishing the European Atomic
Energy Community, and in particular Article 131 thereof,

Having regard to the Treaty on the European Union, and in
particular Article 28(1) and Article 41(1) thereof,

Whereas:

(1)

(2)

(3)

application

Regulation (EC) No 1367/2006 of
the European
Parliament and of the Council (1) makes provision for
to
the
Community institutions and bodies, as regards access
to environmental
information, public participation
concerning plans and programmes relating to the envi-
ronment and internal review and access to justice.

the Aarhus

Convention

of

In accordance with Article 13 of Regulation (EC) No
1367/2006, where necessary, Community institutions
and bodies shall adapt their rules of procedure to the
provisions of that Regulation.

Pursuant to Article 7 of Regulation (EC) No 1367/2006,
a Community institution or body receiving a request for
access to environmental information which it does not
hold must, within 15 working days at the latest, inform
the applicant of the institution, body or public authority
to which it believes the request can be submitted or
transfer the request to the institution, body or public
authority holding the requested information. There is
no such provision in Regulation (EC) No 1049/2001
the Council of
of
the European Parliament and of
to European
30 May 2001 regarding public access

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

Parliament, Council and Commission documents (2) or in
the detailed rules for the application of this Regulation to
the Commission laid down in its Rules of Procedure (3) as
amended by Commission Decision 2001/937/EC, ECSC,
Euratom (4). Consequently, a specific provision should be
added to the Rules of Procedure as regards requests for
access to environmental information which is not held
by the Commission.

(4)

(5)

(6)

As concerns public participation, Article 9 of Regulation
(EC) No 1367/2006 requires Community institutions and
bodies to provide, through appropriate provisions, early
and effective opportunities for the public to participate
during the preparation, modification or review of plans
and programmes relating to the environment when all
options are still open. Modalities for such public partici-
pation are specified in paragraphs 3, 4 and 5 of that
Article. For the Commission, provisions are laid down
in a general way in its Communication ‘General prin-
ciples and minimum standards
for consultation of
interested parties’ (5). These should be applied by all
Commission departments as regards the preparation,
modification or
and programmes
review of plans
relating to the environment.

Title IV of Regulation (EC) No 1367/2006 sets out
provisions on internal review of administrative acts and
omissions,
the implementation of which requires the
adoption of detailed rules by the Commission.

In order to give effect to Article 1(2) of Regulation (EC)
No 1367/2006, a practical guide should inform the
public of their rights under that Regulation.

(7)

The Rules of Procedure should be amended accordingly.

(8)

Pursuant
to Article 13 of Regulation (EC) No
1367/2006, this Decision should apply from 28 June
2007,

(2) OJ L 145, 31.5.2001, p. 43.
(3) OJ L 308, 8.12.2000, p. 26.
(4) OJ L 345, 29.12.2001, p. 94.
(5) COM(2002) 704 final of 11.12.2002.

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HAS DECIDED AS FOLLOWS:

Article 1

The text set out in the Annex to this Decision is added to the Rules of Procedure.

This Decision shall apply from 28 June 2007.

Article 2

Date of application

Done at Brussels, 30 April 2008.

For the Commission

Stavros DIMAS
Member of the Commission

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Official Journal of the European Union

30.5.2008

ANNEX

Detailed rules for the application of Regulation (EC) No 1367/2006 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

Article 1

Access to environmental information

The time-limit of 15 working days referred to in Article 7 of Regulation (EC) No 1367/2006 shall commence on the date
of registration of the request by the responsible Commission department.

Article 2

Public participation

For the purposes of implementing Article 9(1) of Regulation (EC) No 1367/2006 the Commission shall ensure public
participation in accordance with the Communication ‘General principles and minimum standards for consultation of
interested parties by the Commission’ (*).

Article 3

Requests for internal review

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 department responsible for the application of the provision on the basis of which the administrative act was
adopted, or in respect of which the administrative omission is alleged.

Contact details to that effect shall be made known to the public by all appropriate means.

Where a request is sent to another department than that responsible for the review, that department shall forward the
request to the one responsible.

In any case, where the department responsible for the review is not Directorate-General ‘Environment’, it shall inform the
latter of the request being made.

Decisions concerning the admissibility of requests for internal review

As soon as the request for internal review is registered, an acknowledgement of receipt shall be sent to the non-

1.
governmental organisation author of the request, where appropriate by electronic means.

Article 4

The Commission department concerned shall determine whether the non-governmental organisation is entitled to

2.
make a request for internal review in accordance with Commission Decision 2008/50/EC (**).

In accordance with Article 14 of the Rules of Procedure, the power to take decisions on the admissibility of a

3.
request for internal review is delegated to the Director-General or the head of department concerned.

Decisions on the admissibility of the request shall cover any decisions on the entitlement, pursuant to paragraph 2 of this
Article, of the non-governmental organisation author of the request, the timely submission of the request under the
second subparagraph of Article 10(1) of Regulation (EC) No 1367/2006, and on the indication and substantiation of the
grounds on which the request is made, as required in Article 1(2) and (3) of Decision 2008/50/EC.

4. Where the Director-General or the head of department referred to in paragraph 3 finds that the request for internal
review is inadmissible in full or in part, the non-governmental organisation author of the request shall be informed in
writing, if appropriate by electronic means, stating the reasons.

(*) COM(2002) 704 final.
(**) OJ L 13, 16.1.2008, p. 24.

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Decisions concerning the substance of requests for internal review

Article 5

Any decision whereby it is determined that the administrative act whose review is sought, or the alleged admin-

1.
istrative omission, is in breach of environmental law shall be taken by the Commission.

2.
In accordance with Article 13 of the Rules of Procedure, the Member of the Commission responsible for the
application of the provisions on the basis of which the administrative act concerned was adopted or to which the alleged
administrative omission relates shall be empowered to decide that the administrative act whose review is sought, or the
alleged administrative omission, is not in breach of environmental law.

Sub-delegation of powers conferred under the first subparagraph shall be prohibited.

The non-governmental organisation author of the request shall be informed of the outcome of the review in writing,

3.
if appropriate by electronic means, stating the reasons.

Article 6

Remedies

All replies informing the non-governmental organisation that its request is either inadmissible, in full or part, or that the
administrative act whose review is sought, or the alleged administrative omission, is not in breach of environmental law
shall apprise the non-governmental organisation of the remedies open to it, namely instituting court proceedings against
the Commission, or making a complaint to the Ombudsman, or both, under the conditions laid down in Articles 230
and 195 of the EC Treaty, respectively.

Article 7

Information of the public

A practical guide shall provide to the public appropriate information about their rights under Regulation (EC) No
1367/2006.