Aarhus Convention and the European Union
Regulation (EC) No. 1367/2006 on the application of the provisions of the Aarhus Convention to European Community institutions and bodies - applicable since 28 June 2007
10.07.2007 |Anke Stock
The Regulation (EC) No. 1367/2006) of 6 September 2006 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 took effect on 28 June 2007.
In summary, the regulation guarantees the following:
- access to environmental information held by Community institutions and bodies to the public (one or more natural or legal persons, and associations, organisations or groups of such persons);
- availability of environmental information to the public in easily accessible electronic databases;
- public participation by the Community of plans and programmes relating to the environment;
- public access to justice at Community level in environmental matters.
Title IV (Internal Review and Access to Justice) foresees that NGOs that meet certain criteria (see Article 11 of the Regulation) can take legal action if they consider that an administrative act or an omission by a Community instituion or body is in breach of environmental law. These NGOs first have to make a request for internal review to the Community instition or body in question before they can insitute proeceeding before the Court of Justice.
Furthermore, every individual can complain to the European Ombudsman about Community institutions and bodies that fail to comply with the Regulation.
