Regulation (EU) 2021/1767

What it is

to lay down detailed provisions to apply 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. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: the Union and its Member States are Parties to the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention). Regulation (EC) No 1367/2006 of the European Parliament and of the Council (the Aarhus Regulation) established provisions to apply the provisions of the Convention to EU institutions and bodies. The European Parliament adopted by 553 votes to 62, with 78 abstentions, amendments to the proposal for a regulation of the European Parliament and of the Council amending 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. The matter was referred back to the competent committee for inter-institutional negotiations. The Commission's proposal to revise the Aarhus Regulation aims to improve the implementation of the Aarhus Convention. The EU and its 27 Member States are parties to the 1998 Aarhus Convention, which gives members of the public the right of access to information and participation in environmental decision-making, as well as the right to seek redress if these rights are not respected. The revision of Regulation (EC) No 1367/2006 is intended to improve access to administrative and judicial review at EU level for citizens and environmental non-governmental organisations who have specific doubts about the compatibility with environmental law of administrative acts with an impact on the environment. Members clarified that the concept of ‘administrative act’ should include any non-legislative act adopted by a Union institution or body , having legal and external effect and containing provisions which may contravene environmental law. Acts adopted by public authorities of the Member States would not be included in administrative acts. No later than 18 months after the date of adoption of this Regulation, the Commission should adopt guidelines to facilitate the assessment of the compatibility of state aid with relevant provisions of Union law relating to the environment, including on the information to be submitted by Member States when they notify the Commission of state aid. Members consider that documents relating to the positions of Member States expressed in decision-making procedures leading to the adoption of EU legislation and administrative acts relating to the environment should be included in databases or registers as soon as they are made available. Members proposed that the…

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