Explanatory Memorandum to COM(2003)625 - Conclusion of the Convention on access to information, public participation in decision making and access to justice regarding environmental matters - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2003)625 - Conclusion of the Convention on access to information, public participation in decision making and access to justice ... |
|---|---|
| source | COM(2003)625  |
| date | 24-10-2003 |
1. - The UN/ECE Convention on access to information, public participation in decision making and access to justice regarding environmental matters (hereafter the Århus Convention) lays down the basic rules to promote citizens' involvement in environmental matters and enforcement of environmental law. The Århus Convention consists of three pillars, each of which grants different rights: the first pillar provides for access to environmental information; the second pillar provides for the participation in decision-making processes and the third pillar for access to justice.
EXTENT OF THE COMMUNITY COMPETENCE
2. - The EC (together with all member states) signed the Århus Convention in 1998.
3. - The European Community, in accordance with the Treaty establishing the European Community, and in particular Article 175 i thereof, is competent for entering into international agreements, and for implementing the obligations resulting therefrom, which contribute to the pursuit of the objectives listed in Article 174 i of the EC Treaty.
Under its Article 174 i the European Community Treaty establishes the objectives of the Community policy on the environment, as follows: preserving, protecting and improving the quality of the environment, protecting human health, prudent and rational utilisation of natural resources, promoting measures at the international level to deal with regional or worldwide environmental problems.
4. - It is generally admitted that improvement of the public's access to information and a broader participation of the public in the decision-making processes are essential tools to ensure public awareness on environmental issues and to promote a better implementation of the environmental legislation. Thus, it contributes to strengthen and to ensure the effectiveness of environmental policy established in the view of the above mentioned objectives.
5. - Moreover another specific aspect of the Århus Convention is to be underlined. Indeed, European institutions are covered by the definition of 'public authorities' laid down in the Convention, alongside national public authorities. This emphasises the particular importance of the conclusion of the Århus Convention by the European Community.
6. - By signing the Århus Convention the EC acknowledged the importance of its objectives. Upon its signature the European Community has undertaken to introduce the necessary measures to adhere to the Århus Convention by adopting binding instruments aligning EC legislation to the requirements of the Convention. This will enable the EC to adopt the decision on the conclusion of this Convention.
7. - This alignment to the obligations of the Convention has to be carried out at the Member State level as well as the EC institutions level.
8. - As regards the Member State level, the EC has recently adopted two Directives of the European Parliament and of the Council: the first one on Public Access to Environmental information i and the second one providing for public participation in respect of the drawing up of certain Plans and Programmes relating to the Environment and amending Council Directives 85/337/EEC and 96/61/EC i. A proposal for a Directive i ensuring compliance with the relevant aspects on access to justice which are not covered under the two Directives mentioned above, is being submitted by the European Commission at the same time as the present proposal.
9. - As regards EC institutions, a single instrument ensuring full compliance of all EC institutions and bodies with the Århus provisions and principles is also being submitted by the European Commission together with the present proposal. The intention is, as far as the institutions are concerned, to cover the three Århus pillars by this Regulation i.
It is therefore possible for the Community to approve the decision on the conclusion of the Convention on access to information, public participation in decision-making processes and access to justice regarding environmental matters. Effective implementation of the Convention depends, inter alia, on the availability of sufficient financial and human resources. As a party to the Convention, the Community will contribute on a regular basis to activities identified in the work programme.