29.10.2003
All EU citizens should soon be enjoying legally
guaranteed rights to access environmental information held by public
authorities, to participate in environmental decision-making and to take
violations of environmental law to court.
This will come about as a result of aligning legislation at EU level and
in EU Member States with the provisions of the 1998 Århus Convention.
The "Århus Convention" is an international agreement which lays down a set
of basic rules to promote citizens' involvement in environmental matters
and improve enforcement of environmental law. It grants the public access to
environmental information, provides for participation in environmental
decision-making, and allows the public to seek judicial redress when
environmental law is infringed, including breaches of the two previous
rights.
The European Commission has just adopted three legislative proposals
towards full application of the Convention, launching the final step in
implementing
its provisions into EU law. These proposals should, in practice, act as
the
catalyst for important changes in the behaviour of public authorities at
all levels by enabling citizens and associations to assume responsibility for
the environment.
Margot Wallström, Commissioner for the Environment, said: "Empowering
people
to protect their environment is a cornerstone of effective policymaking.
Citizens must be given the right to know how good or bad the state of the
environment is and to participate in decision-making that will affect
their
health and quality of life. A well-informed and active public means more
effective environmental legislation and better enforcement of
environmental
policies. Citizens will now be able to act as environmental watchdogs!"
The proposed Regulation will strengthen citizens' environmental rights at
EU
level by giving them access to environmental information such as on the
state of the environment and the environmental media, including water,
air,
soil, land, and on policies, plans and programmes related to the
environment.
EU institutions and bodies will be obliged to make this information
available on the Internet or via similar systems and respond to requests
from citizens and environmental organisations within one month
(exceptionally two months).
With regard to public participation, all EU institutions and bodies will
have to identify the public likely to be affected by future plans and
programmes relating to the environment, and invite them, at an early
stage,
to participate in the decision-making process and submit their comments
and
views. The EU institutions and bodies will also have to inform the public
of
the final decision and the underlying reasons, in particular the outcome
of
the participation process and how the views expressed have been taken into
account.
Lastly, on access to justice, the proposed Regulation enables European
NGOs
to require the review of decisions by EU institutions and bodies which
they
consider do not comply with environmental legislation. This review will
first have to be done by the EU institution itself and, if the matter is
not
resolved, the European Court of Justice may be addressed.
29.10.2003