This convention, concluded in 1998 under the auspices of the UN, aims to involve Europe's citizens in environmental policies by entitling them to gain access to information and to participate in decision-making and, if these rights are not respected, to take legal action to enforce them. The new EU regulation, the remaining points of which were agreed on Tuesday, will apply these rules to the institutions and bodies of the European Union.
MEPs fight for the public's rights
"This regulation is a new step towards more openness and transparency in the European institutions. Much has already been done in this field but the public and environmental organisations will now have the best possible opportunity to obtain information and to participate fully in European affairs", said Alejo Vidal-Quadras Roca (EPP-ED, ES), chair of the EP delegation to the Conciliation Committee.
Parliament took the negotiations to the final stage of the codecision procedure - involving "conciliation" between representatives of the EP and the Member States - in order to defend the public's rights. Eija Riitta Korhola (EPP-ED, FI), who piloted the legislation through Parliament, said: "In these negotiations the EP has strongly supported the rights of citizens and made it easier for them to obtain better information and to do so more quickly. For example, we have introduced longer time-limits for citizens to take action and tougher requirements on the institutions to open their files." Maria Sornosa Martinez (PES, ES), who represented the Socialist group in the exploratory talks, said: "Everyone wins: this regulation will put pressure on the institutions to conduct policies which are more in line with the public's interests."
This was one of the points most frequently stressed by the Environment Committee: "We in the Environment Committee are extremely concerned about the management and implementation of Community policies. This regulation is to be welcomed as it will make the institutions more accountable", was the satisfied reaction of Karl-Heinz Florenz (EPP-ED, DE), who chairs the committee.
The detail of the agreement
Access to information. Thanks to the EP, access to information will cover information held by subcontractors and include data not available in electronic format as well as information on the different steps in legal proceedings for infringements of Community law.
MEPs also succeeded in limiting some exceptions wanted by the Council, although not those relating to banking activities (notably the EIB). But, at Parliament's insistence, any other exceptions can only be interpreted in a restrictive manner. However, to ensure that any infringement cases launched by the Commission against the Member States proceed smoothly, information on any current cases will be confidential.
All information made available to the public will be provided free of charge.
Public participation. A time-limit of at least eight weeks must be set for receiving comments from persons or organisations with an interest in EU environmental projects. When hearings or meetings are held, they must be announced at least four weeks in advance. And, in particular, Community institutions and bodies must take "due account" of this public-participation process. Parliament successfully pushed for this point to be made compulsory.
Internal review and access to justice. Who can request an internal review and take a case to court? The answer is: independent and accountable organisations which have demonstrated that their primary objective is to promote environmental protection. They must first lodge an application for internal review within six weeks after the administrative decision in question has been taken. Only then can they go to the Court of Justice of the European Communities.
Implementation. The Council and Commission were keen to have sufficient time to prepare for the new rules. Following pressure from Parliament, the institutions will have to adapt their internal rules swiftly to apply the new regulation: this should be done by mid-2007, nine months after the regulation is published in the Official Journal.
