Explanatory Memorandum to COM(2006)338 - Conclusion of an amendment to the Convention on access to information, public participation in decision making and access to justice in environmental matters

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dossier COM(2006)338 - Conclusion of an amendment to the Convention on access to information, public participation in decision making and access to ...
source COM(2006)338 EN
date 26-06-2006
1. The UN/ECE Århus Convention on access to information, public participation in decision-making and access to justice in environmental matters (hereinafter referred to as the Convention) was signed by the Community and its Member States on 25 June 1998. The Convention entered into force on 30 October 2001 and was approved by the Community on 17 February 2005, following Council Decision 2005/370/EC i.

2. Article 6 paragraph 11 of the Convention specifically addresses public participation in relation to decision-making on the deliberate release of genetically modified organisms (hereinafter GMOs) into the environment and demands Parties to apply the requirements of Article 6, to the extent feasible and appropriate, within the framework of their national legislation.

3. These requirements are given effect in the Community via relevant provisions under Directive 2001/18/EC of 12 March 2001 on the deliberate release into the environment of GMOs i and Regulation (EC) No 1829/2003 of 22 September 2003 on genetically modified food and feed i.

4. Signatories to the Convention requested the 1st Meeting of the Parties to develop further the application of the Convention to the deliberate release of GMOs. The 1st Meeting of the Parties (Lucca, Italy, 21-23 October 2002) subsequently established a Working Group on GMOs, with a mandate to identify and develop potential options to strengthen the existing Århus provisions on this subject. The options resulting from the work of this group were examined at the 2nd Meeting of the Parties (Almaty, Kazakhstan, 27 May 2005).

5. The Council of the European Union authorised the Commission, on behalf of the European Community, to conduct negotiations on a possible amendment to the existing Århus provisions on GMOs in accordance with negotiating directives adopted on 10 March 2005. Within the framework of these directives, the Commission needed to ensure that decisions to be adopted by the 2nd Meeting of the Parties would be consistent with relevant Community legislation, particularly on deliberate release into the environment and placing on the market of GMOs.

6. The 2nd Meeting of the Parties agreed on an amendment to the Convention to make more specific the obligations placed on Parties with regard to public participation in decision-making on GMOs. Relevant Community rules governing GMOs incorporate provisions for access to information and public participation, in particular through the requirements of Articles 9 and 24 of Directive 2001/18/EC i and of Articles 6, 18 and 29 of Regulation (EC) No 1829/2003 i. These provisions are consistent with the amendment to the Århus Convention, , which will hence not lead to any revision of this legislation.

7. The successful Community coordination during the negotiation process should be similarly ensured with regard to the conclusion of the amendment to the Århus Convention, with a view to permit the deposit, as far as possible simultaneously, of the instruments of ratification, acceptance or approval by the Community and the Member States. The few Member States that have not yet ratified the Convention should also step up their efforts to that end.

8. The Community should now approve this amendment to the Århus Convention.