Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the eighth session of the Meeting of the Parties to the Aarhus Convention regarding communications ACCC/C/2015/128 concerning access to justice regarding State aid decisions, ACCC/C/2013/96 concerning Projects of Common Interest, ACCC/C/2014/121 concerning Industrial Emissions Directive and ACCC/C/2010/54 concerning National Energy Action Plans
Date: 2025-09-30
Institutions: Directorate-General for Environment, European Commission
Subjects: State aid, UN convention, access to information, action programme, collective interest, energy policy, environmental law, environmental protection, industrial pollution, international cooperation

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   EUROPEAN COMMISSION  Brussels, 30.9.2025  COM(2025) 625 final 2025/0316 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the eighth session of the Meeting of the Parties to the Aarhus Convention regarding communications ACCC/C/2015/128 concerning access to justice regarding State aid decisions, ACCC/C/2013/96 concerning Projects of Common Interest, ACCC/C/2014/121 concerning Industrial Emissions Directive and ACCC/C/2010/54 concerning National Energy Action Plans  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns the decision establishing the position to be taken on the EU's behalf at 
the  eighth  Meeting  of  the  Parties  to  the  Convention  on  access  to  information,  public 
participation  in  decision-making  and  access  to  justice  in  environmental  matters  (the  Aarhus 
Convention  or  the  Convention)1.  The  proposal  relates  to  the  envisaged  adoption  of  draft 
decision VIII/8e on compliance by the EU with its obligations under the Aarhus Convention. 

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

The Aarhus Convention 

The Aarhus Convention is a multilateral environmental agreement concluded under the aegis 
of the United Nations Economic Commission for Europe (UNECE).  
The  Aarhus  Convention  was  approved  on  17  February  20052  by  the  European  Community, 
which also made a Declaration upon signature, notably on its obligations regarding access to 
environmental  information3.  All  Member  States  are  Parties  to  the  Convention  in  their  own 
right.  Regulation  (EC)  No  1367/2006  (the  Aarhus  Regulation)  as  amended  by  Regulation 
(EC) 2021/1767 constitutes the core implementation of the Convention with regard to acts of 
the EU institutions and bodies4. 

2.2. 

The Meeting of the Parties to the Aarhus Convention 

The  Parties  to  the  Convention  meet  every  four  years  and  one  of  the  standing  items  on  the 
agenda  concerns  Parties’  compliance  with  the  Convention.  Compliance  is  assessed  by  the 
Aarhus  Convention  Compliance  Committee  (the  ACCC  or  the  Compliance  Committee) 
established under Article 15 of the Convention. The Committee’s findings are not subject to 
appeal.  

The Compliance  Committee’s findings  are submitted for endorsement to  the Meeting of the 
Parties  (the  MoP)  to  the  Aarhus  Convention  according  to  Rule  37  of  Decision  I/7  on  the 
Review  of  Compliance5.  If  endorsed,  the  Committee’s  findings  gain  the  status  of  official 
interpretation of the Aarhus Convention, making them binding on the Contracting Parties and 
the Convention Bodies.  

The Meeting of the Parties generally decides by consensus.  If all efforts  to  reach consensus 
have been exhausted, decisions on substantive matters are taken by a three-quarters majority 

1 

2 
3 

4 
5 

As published on the UNECE website: 
http://www.unece.org/fileadmin/DAM/env/pp/documents/cep43e.pdf.  
Council Decision 2005/370/EC, OJ L 124 of 17.5.2005, p. 1. 
The  EU  Declaration  is  published  on  the  UNECE  website  under  the  heading  Declarations  and 
Reservations, 
https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=XXVII-
13&chapter=27&clang=_en. 
OJ L 264, 25.9.2006, p. 13. 
Decision  I/7  on  Review  of  Compliance.  Rule  37  on  Consideration  by  Meeting  of  the  Parties.  The 
Meeting of the Parties may, upon consideration of a report and any recommendations of the Committee, 
decide  upon  appropriate  measures  to  bring  about  full  compliance  with  the  Convention.  […],  see 
https://unece.org/DAM/env/pp/documents/mop1/ece.mp.pp.2.add.8.e.pdf.  

see 

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vote  of  the  Parties  present  and  voting6.  The  EU  has  27  votes  of  the  overall  48  votes  if  all 
Parties are present.  

Prior to the Meeting of the Parties, the EU position on matters for which a Council decision is 
needed under Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) 
are  discussed  at  the  Council  Working  Party  on  International  Environmental  Issues  (WPIEI) 
and  adopted,  at  the  latest,  at  the  last  Council  meeting  prior  to  the  Meeting  of  the  Parties  at 
which it is possible to do so. In 2025, that would be the Environment Council on 21 October 
2025. 

2.3. 

The envisaged act of the Meeting of the Parties to the Aarhus Convention 

On 17-19 November 2025, during its eighth session, the Meeting of the Parties to the Aarhus 
Convention is to adopt decision VIII/8e regarding compliance by the EU with the Convention.  

The  purpose  of  decision  VIII/8e  is  to  determine  whether  the  EU  complies  with  the  Aarhus 
Convention  having  addressed  the  findings  in  communication  ACCC/C/2015/128  and 
recommendations  in  MoP  decision  VII/8f  regarding  the  communications  ACCC/C/2013/96, 
ACCC/C/2014/121  and  ACCC/C/2010/54;  to  set  out  the  conditions  necessary  to  ensure 
compliance; to ask the Party concerned to take urgent measures to ensure compliance; and to 
request regular reporting  by the EU on the  measures adopted to  ensure  it complies with  the 
Convention. 

3. 

POSITION TO BE TAKEN ON THE EU'S BEHALF 

3.1. 

Communication ACCC/C/2015/128 

On  17  March  2021,  the  Committee  issued  findings  with  regard  to  communication 
ACCC/C/2015/128,7  made  by  the  non-governmental  organisations  (NGOs)  Oekobuero  and 
GLOBAL  2000,  concerning  the possibility  for members of the public to  challenge decisions 
on State aid measures taken by the European Commission under Article 108(2) of the TFEU. 

The ACCC also made the following recommendation in its findings.  

(131)  The  Party  concerned  [should]  take  the  necessary  legislative,  regulatory  and  other 
measures  to  ensure  that  the  Aarhus  Regulation  is  amended,  or  new  European  Union 
legislation is adopted, to clearly provide members of the public with access to administrative 
or  judicial  procedures  to  challenge  decisions  on  State  aid  measures  taken  by  the  European 
Commission under Article 108(2) TFEU that contravene European Union law relating to the 
environment, in accordance with Article 9(3) and (4) of the Convention. 

At its ordinary session in October 2021 the Meeting of the Parties exceptionally decided, by 
consensus,  to  postpone  taking  a  decision  on  the  ACCC  findings  and  recommendations  in 
ACCC/C/2015/128 to the next ordinary session of the Meeting of the Parties. At the Meeting 
of the Parties in 2021, the EU reaffirmed its commitment to fulfilling its obligations under the 
Aarhus Convention. 
Following  a  call  for  evidence8  and  multiple  rounds  of  consultations9  since  2022,  the 
Commission amended the State aid Implementing Regulation and Best Practices Code on 12 

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I/1  on  Rules  of  Procedure 

Decision 
http://www.unece.org/fileadmin/DAM/env/pp/documents/mop1/ece.mp.pp.2.add.2.e.pdf. 
https://unece.org/sites/default/files/2021-03/C128_EU_findings_advance%20unedited.pdf 
https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/14276-EU-environmental-and-
State-aid-law-access-to-justice-in-relation-to-State-aid-decisions-regulation-_en 

(notably  Rule  35  on  decision-making), 

see 

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May 2025 by introducing an internal  review mechanism similar to the one applicable under 
the Aarhus Regulation but adapted to the specific characteristics of State aid.  

In  its  draft  report  on  request  ACCC/M/2021/4  of  the  MoP  concerning  compliance  by  the 
European Union10, the ACCC concludes that the EU has fulfilled the recommendations set out 
in ACCC/C/2015/128.  

In  view  of  the  above  considerations,  at  the  upcoming  eighth  session  of  the  Meeting  of  the 
Parties, 
the  EU  should  endorse  decision  VIII/8e  as  regards  communication 
ACCC/C/2015/128 and welcome the ACCC’s draft report. 

Decision VII/8f 

3.2. 
At  its  seventh  session  in  2021,  the  MoP  adopted  decision  VII/8f11,  among  other  things, 
reaffirming  its  decision  V/9g.  The  decision  included  recommendations  regarding  ACCC 
findings on communications ACCC/C/2010/54, ACCC/C/2013/96 and ACCC/C/2014/121. 

3.2.1.  Communication ACCC/C/2010/54 

At its fifth session in 2014, the MoP endorsed the findings of the ACCC, saying that the EU 
had  failed  to  comply  with  the  Convention  as  regards  communication  ACCC/C/2010/54  in 
relation  to  Ireland’s  National  Renewable  Energy  Action  Plan  (NREAP)12.  The  MoP 
recommended that the EU ‘adopt a proper regulatory framework and/or clear instructions for 
implementing Article 7 of the Convention with respect to the adoption of NREAPs.’  
Subsequent ACCC reports13 have found that the EU has not yet fulfilled the requirements of 
paragraph 3 of decision V/9g. Following the request from the MoP concerning compliance by 
the  EU  (ACCC/M/2017/3),  the  EU  reported  on  the  measures  taken  to  address  the 
recommendations  in  decision  V/9g as regards Communication ACCC/C/2010/54  in  October 
2018, 2019, and 202014. In particular, the Commission informed the Committee of the entry 
into force of Article 10 of the Governance Regulation15 relating to public involvement in the 
preparation by Member States of  National  Energy and Climate Plans (NECPs), which, inter 
alia,  have  replaced  NREAPs,  and  of  its  work  in  helping  Member  States  to  fulfil  their 

9 

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11 
12 
13 

14 
15 

consultation: 

https://competition-policy.ec.europa.eu/state-aid/publications/targeted-

Targeted 
consultation_en. 
Consultation on the draft amendments: 2025 state aid environmental matters - European Commission. 
2 ECE/MP.PP/2021/2, para. 58, https://unece.org/sites/default/files/2022-
02/ECE.MP_.PP_.2021.2_excerpt_0.pdf. 
Decision_VII.8f_eng.pdf  
Decision V/9g on compliance by the E U, link: United Nations. 
Report of the ACCC on Compliance by the European Union with its obligations under the Convention, 
https://unece.org/DAM/env/pp/mop6/English/ECE_MP.PP_2017_39_E.pdf. 
ACCC/M/2017/3 European Union | UNECE 
OJ L 328, 21.12.2018, p. 1. Article 10. Public consultation. Without prejudice to any other Union law 
requirements, each Member State shall ensure that the public is given early and effective opportunities 
to participate in the preparation of the draft integrated national energy and climate plan — as regards 
the plans for the 2021 to 2030 period, in the preparation of the final plan well before its adoption — as 
well  as  of  the  long-term  strategies  referred  to  in  Article  15.  Each  Member  State  shall  attach  to  the 
submission  of  such  documents  to  the  Commission  a  summary  of  the  public's  views  or  provisional 
views. In  so  far  as  Directive 2001/42/EC  is  applicable,  consultations  undertaken  on  the  draft  in 
accordance  with  that  Directive  shall  be  deemed  to  satisfy  the  obligations  to  consult  the  public  under 
this Regulation. Each Member State shall ensure that the public is informed. Each Member State shall 
set  reasonable  timeframes  allowing  sufficient  time  for  the  public  to  be  informed,  to  participate  and 
express  its  views.  Each  Member  State  shall  limit  administrative  complexity  when  implementing  this 
Article. 

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obligations  under  the  Aarhus  Convention  in  the  context  of  that  Article  10,  to  be  read  in 
conjunction with recital 28 of the Governance Regulation.  
In  its  report  on  decision  VII/8f16,  after  reviewing  the  final  progress  report  submitted  by  the 
EU17 to ACCC on 1 October 2024, the ACCC recognises that the Guidance to Member States 
for the update of the 2021-2030 national energy and climate plans18 amounts to instructions 
for  the  purposes  of  paragraph  2(a)  of  decision  VII/8f. Consequently,  the  ACCC  concluded 
that  the  EU  has  managed  to  comply  with  the  findings  with  respect  to  ensuring  that  the 
arrangements  for  public  participation  in  the  preparation  of  the  Member  States’  NECPs  are 
transparent and fair, the requirement of allowing early public participation ‘when all options 
are  open’,  and  the  obligation  to  ensure  that  due  account  is  taken  of  the  outcome  of  public 
participation.  However,  according  to  its  same  report,  the  ACCC  has  concluded  that  the  EU 
has  not  fully  met  the  requirements  with  respect  to  providing  the  public  with  the  necessary 
information  to  effectively  participate  in  the  procedures,  in  particular  the  preparation  of  the 
draft  updated  NECP  itself.  As  regards  fulfilling  the  requirements  of  paragraph  2(b)  of 
decision  VII/8f  concerning  the  manner  in  which  the  Commission  evaluates  NECPs 
accordingly, the ACCC recognised the significant progress made. However, it considers that 
the  Commission  should explicitly  incorporate  into  their  assessment  criteria,  the  requirement 
that public participation takes place ‘when all options are open’. The upcoming revision of the 
Governance Regulation  offers the opportunity  to  further work on the remaining  elements  of 
the ACCC’s findings. 

In  view  of  the  above  considerations,  at  the  upcoming  eighth  session  of  the  Meeting  of  the 
Parties,  the  EU  should  endorse  the  draft  decision  VIII/8e  where  it  follows  up  on 
ACCC/C/2010/54, subject to the provisions of this Council Decision. The EU should ensure, 
that the MoP recognises in its decision ‘significant progress in ensuring compliance with the 
findings in Articles 6(4) and 7 of the Convention’. 

3.2.2.  Communication ACCC/C/2013/96 

On  28  October  2013,  the  European  Platform  against  Windfarms  submitted  communication 
ACCC/C/2013/9619 to the ACCC alleging a failure by the EU to comply with its obligations 
under  Articles  3  (2),  4  and  7  of  the  Convention  in  relation  to  the  European  Commission’s 
adoption on 14 October 2013 of a list of 248 Projects of Common Interest (PCI)20.  
In  its  findings  of  9  November21  2020  the  ACCC  recommended  that  the  EU  ‘take  the 
necessary legislative, regulatory or other measures and practical arrangements to ensure that 
in public participation procedures within the scope of article 7 of the Convention carried out 
under  the  TEN-E  Regulation,  or  any  superseding  legislation:  (a)  The  main  consultation 
documents,  including  the  notification  to  the  public,  are  provided  to  the  public  in  all  the 
official  languages  of  the  Party  concerned;  (b)  Due  account  of  the  outcomes  of  the  public 
participation is taken, in a transparent and traceable way, in the decision-making.’ 

At its  seventh  meeting  in 2021,  the MoP  adopted decision VII/8f,  endorsing the findings  of 
the Committee with respect to communications ACCC/C/2013/96 on compliance by the EU 

16 
17 
18 
19 
20 
21 

Decision VII/8f concerning the European Union | UNECE 
Final progress report by the EU, frPartyVII.8f_01.10.2024_report.pdf. 
Guidance to MS for updated NECPs 2021-2030 - European Commission 
ACCC/C/2013/96 European Union | UNECE 
OJ L 115, 25.4.2013, p. 39, no longer in force. 
ACCC  findings  and  recommendations  with  regard  to  communication  ACCC/C/2013/96  concerning 
compliance by the European Union, ECE/MP.PP/C.1/2021/3. 

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with  its  obligations  under  the  Convention  and  requesting  the  EU  to  submit  a  plan  of  action 
and subsequent progress reports on the implementation of recommendations. 

Since  then,  the  Commission  has  taken  a  number  of  steps  towards  providing  additional 
participatory opportunities, such as: 

(1) 

(2) 

(3) 

(4) 

public consultation on the methodology to be used to assess Projects of Common and 
of Mutual Interest22; 

hybrid meetings, open to the public during the selection process; 

presenting  the  results  of  the  public  consultation  on  the  candidate  projects  to  the 
regional groups; 

making available to public the meetings where the results of the public consultation 
on the candidate projects are presented to the regional groups, and their recordings.  

The  EU  reported  on  the  implementation  of  the  MoP  recommendations  concerning 
communication ACCC/C/2013/96 in its final progress report of 1 October 2024. Nevertheless, 
in its draft report on the progress made by the EU, the ACCC concluded that the EU has not 
yet fully met the requirements of decision VII/8f.  

In view of the above, at the upcoming eighth session of the MoP, the EU should reiterate the 
understanding that the additional participatory opportunities introduced in the TEN-E process 
amount to  practical  arrangements ensuring that  due account  is  taken of  the outcomes of the 
public  participation  in  line  with  decision  VII/8f,  in  a  transparent  and  traceable  way,  in  the 
decision-making  under  the  revised  TEN-E  Regulation.  Further,  the  EU  should  reiterate  that 
the main consultation documents, including the notification to the public, are provided to the 
public in all the official languages of the parties concerned, as the TEN-E Regulation requires 
that all public consultation documents, manuals of procedures, and application and technical 
documents  made  available  in  the  promoters  websites  are  translated  in  all  languages  of 
concerned  Member  States.  The  EU  should,  nevertheless,  endorse  draft  decision  VIII/8e 
where  it  follows  up  on  ACCC/C/2013/96  in  the  remaining  aspects,  subject  to  the  draft 
Council  decision,  provided  that  the  MoP  recognises  the  improvements  made  by  the  EU  to 
meet  the  requirements  of  paragraph  8  (a)  and  (b)  of  decision  VII/8f  and  comply  with 
Articles 3(2), 4 and 7 of the Convention. Specifically:  

– 

– 

the  organisation  of  open  meetings  that  enable  public  participation  of  interested 
parties in the PCI selection process, in line with paragraph 8(a); 

the centralisation of projects websites under the transparency platform and its link to 
the project websites where the translated version of the documents can be found, in 
line with Paragraph 8(b). 

3.2.3.  Communication ACCC/C/2014/121 

On  12  December  2014,  the  NGO,  the  International  Institute  for  Law  and  the  Environment 
submitted communication ACCC/C/2014/12123 alleging the failure of the EU to comply with 
the  Convention’s  provisions  on  public  participation  in  decision-making.  In  particular,  they 
alleged  that  the  Industrial  Emissions  Directive24  did  not  fulfil  the  requirements  for  public 

22 

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24 

Consultation on the list of candidate Projects of Common Interest and Projects of Mutual Interest in all 
infrastructure categories under Regulation (EU) 2022/869 - European Commission. 
ACCC/C/2014/121 European Union | UNECE 
OJ L 334, 17.12.2010, p. 17. 

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participation  in  decision-making  stipulated  in  Article  6(1)(a)  and  (10)  of  the  Convention  in 
cases where a permit issued under the Directive is reconsidered or updated.  
In its findings of 14 September 202025, the ACCC recommended that the EU ‘put in a place a 
legally binding framework to ensure that, when a public authority in a Member State of the 
Party  concerned  reconsiders  or  updates  permit  conditions  pursuant  to  national  laws 
implementing article 21(3), (4) and (5)(b) and (c) of the Industrial Emissions Directive, or the 
corresponding provisions of any legislation that supersedes that Directive, the provisions of 
article 6(2)(9) will be applied, mutatis mutandis and where appropriate, bearing in mind the 
objectives of the Convention’.  

At its seventh session in 2021, the MoP adopted decision VII/8f, endorsing the findings of the 
Committee  with  respect  to  communications  ACCC/C/2014/121  on  compliance  by  the  EU 
with  its  obligations  under  the  Convention  and  requesting  the  EU  to  submit  a  plan  of  action 
and subsequent progress reports on the implementation of recommendations. 

The  EU  reported  on  the  implementation  of  the  MoP  recommendations  concerning 
communication ACCC/C/2014/121 in its final progress report of 1 October 2024. In its draft 
report  on  the  decision  VII/8f  of  the  MoP  concerning  compliance  by  the  EU,  the  ACCC 
concluded 
the  requirements  regarding  communication 
ACCC/C/2014/121 by amending the Industrial Emissions Directive. 

the  EU  has  now  met 

that 

In  view  of  the  above,  at  the  upcoming  eighth  session  of  the  MoP,  the  EU  should  endorse 
draft  decision  VIII/8e  where  it  follows  up  on  ACCC/C/2014/121  and  welcome  the 
ACCC’s draft report, subject to the provisions of this Council Decision. 

3.3. 

ACCC conclusions 

In its draft reports on the progress made by the EU to implement request ACCC/M/2021/4 of 
the MoP concerning compliance by the European Union and decision VII/8f, the ACCC: 

(1) 

(2) 

(3) 

(4) 

concludes  that  the  EU  has  met  the  requirements  regarding  communication 
ACCC/C/2014/121 by amending the Industrial Emissions Directive; 

concludes  that  the  EU  has  met  the  requirements  regarding  communication 
ACCC/C/2015/128  by  introducing  an  internal  review  request  mechanism  similar  to 
the one under the Aarhus Regulation but adapted to the specific characteristics of the 
State aid framework; 

welcomes the significant progress made to date but it considers that the EU has not 
yet  met  certain 
the  original  communications  on 
regarding 
ACCC/C/2010/54 and recommends to the MoP that it reaffirms its decision VII/8f; 

requirements 

welcomes the significant progress made to date but it considers that the EU has not 
yet  met  certain 
the  original  communications  on 
regarding 
ACCC/C/2013/96 and recommends to the MoP that it reaffirms decision VII/8f. 

requirements 

In  view  of  the  above,  following  a  consistent  practice  regarding  these  communications,  the 
Commission recommends that the EU: 

– 

– 

25 

endorses draft decision VIII/8e; 

welcomes the ACCC’s draft reports as regards the findings that the EU has met the 
requirements regarding communications ACCC/C/2015/128 and ACCC/C/2014/121; 

Findings  and  recommendations  with  regard  to  communication  ACCC/C/2014/121  concerning 
compliance by the European Union, ECE/MP.PP/C.1/2020/8 

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– 

– 

welcomes  acknowledgement  of  progress  by  the  EU  as  regards  communications 
ACCC/C/2010/54  and  ACCC/C/2013/96  and  commits  itself  working  towards 
addressing the outstanding matters in those cases; 

delivers  a  statement  highlighting  the  progress  achieved  and  highlighting  the 
complexities  in  addressing  the  outstanding  matters  related  to  communication 
ACCC/C/2013/96. 

4. 

LEGAL BASIS 

4.1. 

Procedural legal basis 

4.1.1.  Principles 

Article  218(9)  of  the  TFEU  makes  provision  for  decisions  establishing  ‘the  positions  to  be 
adopted  on  the  Union’s  behalf  in  a  body  set  up  by  an  agreement,  when  that  body  is  called 
upon to adopt acts having legal effects, with the exception of acts supplementing or amending 
the institutional framework of the agreement.’ 

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the 
rules of international law governing the body in question. It also includes instruments that do 
not have a binding effect under international law but are ‘capable of decisively influencing the 
content of the legislation adopted by the EU legislature’26. 

4.1.2.  Application to the present case 

The MoP is a body set up by an agreement, namely the UNECE. 

The act the MoP is called upon to adopt constitutes an act having legal effects. The envisaged 
act  will  be  binding  under  international  law  in  accordance  with  Article  15  of  the  Aarhus 
Convention  and  the  provisions  of  decision  I/7  on  the  review  of  compliance,  in  particular, 
Rule 37 of it27.  

The  envisaged  act  does  not  supplement  or  amend  the  institutional  framework  of  the 
Convention. 

The procedural legal basis for the proposed decision is therefore Article 218(9) TFEU. 

4.2. 

Substantive legal basis 

4.2.1.  Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the objective and content of the envisaged act in respect of which a position is taken on the 
EU's behalf.  

4.2.2.  Application to the present case 

The main objective and content of the envisaged act relate to environmental policy. 

The substantive legal basis for the proposed decision is therefore Article 192(1). 

4.3. 

Conclusion 

The legal basis for the proposed decision should be Article 192(1) TFEU, in conjunction with 
Article 218(9) TFEU. 

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the  Court  of  Justice  of  7  October  2014,  Germany  v  Council,  C-399/12, 

Judgment  of 
ECLI:EU:C:2014:2258, paragraphs 61 to 64.  
Quoted above. 

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2025/0316 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union at the eighth session of the 
Meeting of the Parties to the Aarhus Convention regarding communications 
ACCC/C/2015/128 concerning access to justice regarding State aid decisions, 
ACCC/C/2013/96 concerning Projects of Common Interest, ACCC/C/2014/121 
concerning Industrial Emissions Directive and ACCC/C/2010/54 concerning National 
Energy Action Plans 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192(1), in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

28 
29 

On  17  February  2005,  the  Aarhus  Convention  on  access  to  information,  public 
participation  in  decision-making  and  access  to  justice  in  environmental  matters  (the 
Aarhus  Convention)28  was  approved,  on  behalf  of  the  European  Community,  by 
Council Decision 2005/370/EC.29 

Pursuant to Article 15 of the Aarhus Convention, the Aarhus Convention Compliance 
Committee (the Compliance Committee) was established. The Compliance Committee 
is  competent  to  review  compliance  by  the  Parties  to  the  Aarhus  Convention  of  their 
obligations under that Convention. 

including 

The Meeting of the Parties (MoP), during its eighth session on 17 -19 November 2025, 
is  to  adopt  decision  VIII/8e  concerning  compliance  by  the  EU  with  its  obligations 
under  the  Convention, 
to  communication 
ACCC/C/2015/128 in relation to access to justice in environmental matters regarding 
final  State  aid  decisions  and  recommendations  in  decision  VII/8f  in  relation  to 
National  Energy  and  Climate  Plans,  Projects  of  Common  Interest  and  the  Industrial 
Emissions  Directive.  If  the  findings  are  adopted  by  the  MoP,  they  would  gain  the 
status of official interpretation of the Aarhus Convention and be binding on the Parties 
to the Convention and the Aarhus Convention bodies.  

the  findings 

in  relation 

The envisaged decision of the MoP thus has legal effects. 

It  is  necessary  to  establish  the  position  to  be  taken  on  the  EU’s  behalf  at  the  eighth 
session of the MoP. 

OJ L 124, 17.5.2005, p. 4. 
Council  Decision  2005/370/EC  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 124, 17.5.2005, p. 1). 

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HAS ADOPTED THIS DECISION: 

Article 1 

The  position  to  be  taken  on  the  EU's  behalf  at  the  eighth  session  of  the  MoP  concerning 
compliance by the EU with its obligations under the Aarhus Convention in relation to access 
to  justice  in  environmental  matters  regarding  final  State  aid  decisions,  as  addressed  in 
communication  ACCC/C/2015/128,  shall  be  to  endorse  draft  decision  VIII/8e  as  well  as  to 
welcome  the  report  submitted  by  the  ACCC  on  request  ACCC/M/2021/4  of  the  MoP 
concerning compliance by the European Union.  

Article 2 

The  position  to  be  taken  on  the  EU's  behalf  at  the  eighth  session  of  the  MoP  concerning 
compliance  by  the  EU  with  its  obligations  under  the  Aarhus  Convention  in  relation  to 
National  Energy  and  Climate  Plans  (NECPs),  Projects  of  Common  Interest  (PCIs)  and  the 
in  communications  ACCC/C/2010/54, 
Industrial  Emissions  Directive,  as  addressed 
ACCC/C/2013/96  and  ACCC/C/2014/121  and  in  decision  VII/8f,  shall  be  to  endorse  draft 
decision VIII/8e, if the following points are reflected in that decision: 

– 

– 

in  relation  to  NECPs,  the  decision  acknowledges  and  welcomes  that  the  EU  has 
made  significant  progress  to  ensure  compliance  with  the  Compliance  Committee’s 
findings  and  recommendations  on  communication  ACCC/C/2010/54  in  relation  to 
Articles  6  (4)  and  7  of  the  Convention,  and  that  the  EU  has  complied  with  part  of 
those findings as regards adoption of instructions for the purposes of paragraph 2(a) 
of decision VII/8f; 

in  relation  to  PCIs,  the  decision  recognises  the  improvements  made  by  the  EU, 
through practical arrangements, to fulfil the requirements of paragraphs 8 (a) and (b) 
of decision VII/8f and to comply with Articles 3 (2), 4 and 7 of the Convention. 

Minor technical changes to the positions referred to in Articles 1 and 2 may be agreed upon 
by  representatives  of  the  EU,  in  consultation  with  Member  States,  on  the  spot  without  a 
further decision of the Council. 

Article 3 

This Decision shall enter into force on the date of its adoption. 

Done at Brussels, 

Article 4 

For the Council 
The President 

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