Screening with Serbia - Brussels, 15 September 2014

Transcription

1 Screening with Serbia - Aarhus Convention and EU law Brussels, 15 September 2014

2 Aarhus Convention - Overview Convention under the aegis of UN ECE Signed in 1998, in force since 2001 Ratification by the EC in 2005 (Decision on conclusion 2005/370/EC) All Member States are Parties Binding on EU institutions and Member States "Mixed" agreement: competence of EU + Member States

3 Aarhus Convention Overview Three pillars: 1. Access to environmental information 'active' and 'passive' (upon request) dissemination 2. Public participation in decision-making to permit certain activities and during the preparation of plans, programmes, policies and legislation 3. Access to Justice in Environmental Matters to challenge : a refusal/inadequate response to an information request; the legality of a plan/programme or a decision on an activity; actions/omissions that contravene national environmental law

4 Aarhus Convention Overview Aarhus Convention Implementation Guide UN ECE explanatory document without binding force for the purpose of interpreting the Convention (2 nd edition 2014)

5 Implementation at EU level 1. Environmental Information Directive 2003/4/CE 2. Public Participation Directive 2003/35/CE 3. Proposal for a Directive on access to justice (ongoing) ['Aarhus Regulation' 1367/2006 for the EU Institutions] Commission Report on Aarhus Implementation 3 rd Report of 16 April 2014, C(2014) 2506 final

6 Implementation of the first Aarhus pillar Report on the application of the Environmental Information Directive of 17 December 2012 (COM(2012)774 final) First analysis by the Commission at EU level

7 Implementation of the first Aarhus pillar Directive 2003/4/EC implements Articles 4, 5 and 9(1) of the Aarhus Convention regarding the right of access to information and related access to legal remedies What is new as compared to the previous Directive 90/313/EEC? Where are the problem areas in transposition/implementation?

8 Implementation of the first Aarhus pillar Examples: 'Environmental information' : broad definition indicated by the EuCJ in Case C 266/09, Stichting Natuur en Mileu 'Public authority': broad definition, but not extending to legislative action; see Case C 204/09, Flachglas Torgau GmbH v Federal Republic of Germany Time limits

9 Implementation of the first Aarhus pillar Exceptions to disclosure Exhaustive list of exceptions Restrictive interpretation of exceptions Balance of interests: Cumulative consideration of protected interests, Case C 71/10, Office of Communications v The Information Commissioner

10 Implementation of the second Aarhus pillar Improves public participation in relation to the authorization of environmentally significant projects, amending the then EIA Directive 85/337/EC and the IPPC Directive 96/61/EC (Article 6 plus 9 (2) and (4) of the Aarhus Convention ) Provides for participation of the public in the drawing up of certain plans and programmes (Article 7 of the Aarhus Convention)

11 Implementation of the second Aarhus pillar Examples of sector-specific instruments containing provisions on public participation: SEA Directive 2001/42/EC Water Framework Directive 2000/60/EC Seveso III Directive 2012/18/EU Offshore Safety Directive 2013/30/EU

12 Implementation of the second Aarhus pillar Requirements for decision making on environmentally significant projects: Public involvment when environmental consequences of projects under the Environmental Impact Assesment (EIA) Directive 2011/92/EU and the Industrial Emissions Directive (IED) 2010/75/EU are identified and assessed Early and effective participation of the public concerned, when all options are open Outcome of public participation to be taken into due account in the final decision

13 Implementation of the third Aarhus pillar Article 6 of the Environmental Information Directive 2003/4/EC : access to justice in relation to requests for information Article 3(7) and 4(4) of the Public Participation Directive 2003/35/EC: access to justice in relation to certain activities Initiative for a Directive on Access to Justice (other actions involving environmental law Article 9(3) of the Aarhus Convention)

14 Implementation of the third Aarhus pillar Examples of relevant case law: Standing : C 182/10 Solvay, C 240/09 'Slovak Bears' (effective judicial protection), C 128/09 Boxus, C 115/09 Trianel, C 263/08 Djurgarden, C 237/07 Janecek Scope of judicial review: C 72/12 Altrip Effective remedies: C 420/11 Leth, C 416/10 Krizan Costs: C 260/11 Edwards, C 427/07 Commission v Ireland