Activites

• 2003/06/25 Final act published in Official Journal
  • Directive 2003/35
  • OJ L 156 25.06.2003, p. 0017-0025
• 2003/05/26 Final act signed
• 2003/05/26 End of procedure in Parliament
• #2491
• 2003/03/04 Council Meeting
• 2003/01/30 Decision by Parliament, 3rd reading
  • T5-0029/2003 summary

    The European Parliament adopted a resolution approving the joint text agreed by the Conciliation Committee. (Please refer to the document dated 20/01/03.) It drew attention to the Commission's statement on that text.�

• 2003/01/29 Debate in Parliament
  • Debate in Parliament
• 2003/01/15 Joint text approved by Conciliation Committee co-chairs
  • 3676/2002
• 2002/12/10 Formal meeting of Conciliation Committee
• 2002/12/09 Parliament's amendments rejected by Council
• 2002/12/04 Report tabled for plenary, 3rd reading
  • A5-0004/2003
• 2002/09/05 Decision by Parliament, 2nd reading
  • T5-0405/2002 summary

    The European Parliament approved the report by Mrs Eija-Riitta KORHOLA (EPP-ED, FIN) on the Council's common position together with amendments from the Environment Committee. (Please refer to the summary dated 10/07/02). It should also be added that the deadline for bringing into force the laws, regulations and administrative provisions has been changed from 2 years as stated in the common position to 12 months.�

• 2002/09/04 Debate in Parliament
  • Debate in Parliament
• 2002/07/10 Vote in committee, 2nd reading
  • A5-0255/2002
• 2002/05/30 Committee referral announced in Parliament, 2nd reading
• #2423
• 2002/04/25 Council Meeting
  • 05475/1/2002 summary

    The Council's common position seeks to clarify, and where possible make more practicable the provisions proposed by the Commission. Indeed many of the Council's modifications aim to re-instate the original text of the Arhus Convention, while leaving out its non-compulsory parts. Amendments proposed by the European Parliament and accepted by the Council include, in summary: - that the public be given relevant information by using electronic media. - that the public must receive, inter alia, information about the right to participate in the decision making process. - that the public must be entitled to express comments without prejudice to any opinion. The formulation accepted by the Council is based on the Arhus Convention. - an obligation on the competent authorities to make reasonable efforts to reply to the public individually or collectively. Indeed the Council has added a new Article obliging competent authorities to make reasonable efforts to inform the public about the decisions taken and the reasons and considerations therefore. - an obligation on Member States to issue practical directions for judicial review and to provide the public with information on administrative and judicial review procedures. Parliamentary amendments not accepted by the Council include, inter alia: - extending public participation to Community legislation and plans and programmes that do not directly concern the environment but which have a significant effect on the environment, health and well-being. - encouraging public participation for the preparation of executive regulations and general binding rules, and, implicitly to encourage parties to promote public participation for the preparation of policies relating to the environment. - that the Directive include "policies" set up under Community legislation. This has been rejected on the grounds that the formulation of policies is a matter for representative bodies. - that the public participate in "the different stages" of decision-making. The Council has rejected this amendment on the grounds that such a measure would make decision-making overly lengthy and burdensome. - that the public should be educated about decision-making has similarly been rejected since the Council believes that this Directive is not the right place for educational actions. - amendments aimed at modifying the provisions on national defence. - that Member States provide information in the language of those requesting it. Translation is a matter for the Member State under the subsidiarity principle. The Council has, however, included in the text the term "in an appropriate manner". - that the "reconsideration of permits" be allowed. The Council reasons that reconsideration is normally an internal administrative act without consequences for the permit. New Articles inserted by the Council include, in summary,: - a change in the title to clarify that Directives 85/337/EEC and 96/61/EC are amended with regard to public participation and access to justice. - a new article describing the overall objectives of the Directive to allow for increased clarity. - a modification to the proposed provisions of Directive 96/61/EC (IPPC) concerning public participation in the updating of a permit in cases where the emission limit values need to be significantly changed. While the Commission proposal provides for public participation in the decision-making procedure concerning the "issuing or the updating of a permit or permit conditions", the Council has decided to restrict this provision. The Common Position provides that the public concerned shall participate in the procedure for issuing a permit for new installations, only in cases where there is evidence of substantial change in the operation of an installation. The Council reasons that there need not be public participation for minor increases in emission limit values - nor for tightening the rules on the operations of an installation. The Council notes that the Arhus Convention only requires updates being included within the scope of the provisions in cases "where appropriate".�

• #2399
• 2001/12/12 Council Meeting
• 2001/12/12 Modified legislative proposal published
  • COM(2001)0779 summary

    Parliament's amendment wholly accepted by the Commission: - the amendment relating to the exclusion of projects serving national defence purposes which is to be decided upon by the Member States on a case-by-case basis, and the related changes in the presentation of this point. Main amendments accepted in part or principle: - the Commission accepted some amendments which more closely reflect the wording of the Aarhus Convention. It accepted that the public are entitled to express comments and opinions when all options are open before decisions on the plans and programmes are made. - the competent authority must make reasonable efforts to inform the public about the decisions taken and the reasons and considerations upon which the decision is based. The Commission did not accept, inter alia, the following: - the amendments relating to access to judicial review procedures in relation to plans, programmes and policies. Access to justice in relation to public participation in plans, programmes and policies is not explicitly required by the relevant article in the Aarhus convention. In relation to plans and programmes, such access to justice is not foreseen under directive 2001/42/EC on strategic environmental assessment and accepting it under the present proposal would create an incoherent situation. - the provision for public participation in the preparation of policies. Under the Aarhus Convention, this is only a "best endeavour clause", and as such has no place in this directive. Neither can the commission accept the reference to public participation in the different stages of the preparation and review of plans and programmes. - the reference to the development consent procedure of the EIA Directive may not be extended by referring also to the review of development consent. - the amendment referring to account being taken of the results of the public participation in making decisions is unacceptable.�

  • DG [{'url': 'http://ec.europa.eu/dgs/environment/', 'title': 'Environment'}],
• #2378
• 2001/10/29 Council Meeting
  • 2378
• 2001/10/23 Decision by Parliament, 1st reading/single reading
  • T5-0545/2001 summary

    The Parliament approved the report by Mrs Eija-Riitta KORHOLA (EPP-ED, FIN) on providing public participation in respect of the drawing up of certain plans and programmes relating to the environment. Parliament wants the public to have more say over planning permission decisions on schemes affecting the environment. The Parliament voted 500 votes to 7, with 13 abstentions, to endorse a Commission proposal to bring Community legislation into line with the Aarhus Convention. It states that the Commission must include some aspects of the Convention that it has left out of the draft Directive. The amendments approved are designed to allow members of the public to take part in drawing up environmental policies as well as plans and programmes. Parliament also wants to ensure that national defence projects are not automatically excluded from the legislation and, to prevent abuse of the review procedure allow the public to challenge decisions. There is therefore a stipulation that the public concerned must have a sufficient interest in or claim the impairment of a right to have access to the review procedure.�

• 2001/10/22 Debate in Parliament
  • Debate in Parliament
• 2001/10/09 Vote in committee, 1st reading/single reading
  • A5-0321/2001
• 2001/01/31 Committee referral announced in Parliament, 1st reading/single reading
• 2001/01/18 Legislative proposal published
  • COM(2000)0839 summary

    PURPOSE : to encourage public participation in environmental decision-making. CONTENT : the importance of fostering increased public participation in environmental decision-making was recognised at the international level in the UN/ECE Convention on Access to Information, Public Participation and Access to Justice in Environmental Matters ("the Aarhus Convention") which the Community signed on 25 June 1998 and which has also been signed by all the Member States. The Community intends to ratify the Convention. Before it does so, in accordance with its usual practice, relevant, provisions of Community law should be properly aligned with the provisions of the Convention. This proposal for a single directive amending or modifying a number of existing Directives will assist that process. The provision proposed requires Member States to take the necessary measures to ensure that the public are given early and effective opportunities to participate in the preparation (and review) of the plans or programmes and that relevant information about such proposals is made available to the public. To this end, Member States are required to ensure that: - the public are informed (by public notices or other appropriate means) about any proposals for such plans or programmes and that relevant information about such proposals is made available to the public; - the public are entitled to express comments and opinions before decisions on the plans and programmes are made; - in making those decisions, due account is required to be taken of the results of the public participation. The detailed arrangements for such participation including identification of the public who may participate are left to be determined by the Member States taking into account the aims of the Proposal, namely to ensure a wide participation by the public, including NGOs promoting environmental protection.�

  • DG [{'url': 'http://ec.europa.eu/dgs/environment/', 'title': 'Environment'}],

Documents

• Legislative proposal published: COM(2000)0839
• Committee report tabled for plenary, 1st reading/single reading: A5-0321/2001
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T5-0545/2001
• Debate in Council: 2378
• Modified legislative proposal published: COM(2001)0779
• Council position published: 05475/1/2002
• Committee recommendation tabled for plenary, 2nd reading: A5-0255/2002
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 2nd reading: T5-0405/2002
• Report tabled for plenary, 3rd reading: A5-0004/2003
• Joint text approved by Conciliation Committee co-chairs: 3676/2002
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 3rd reading: T5-0029/2003
• : Directive 2003/35
• : OJ L 156 25.06.2003, p. 0017-0025

History

(these mark the time of scraping, not the official date of the change)