Openbare toegang tot milieu-informatie: Commissie start procedures tegen zeven lidstaten (en)

The European Commission has formally asked seven Member States to transpose into their national law an EU law aimed at giving the public better access to environmental information. By having access to information such as results of environmental impact assessments, health impact of emissions etc. citizens have a better chance to influence environmental policy making. The Directive should have been transposed into national law by 14 February 2005. The Member States concerned are Belgium, France, Italy, Greece, Hungary, Luxembourg and Spain. If a Member State fails to comply with this request, the Commission may refer the case to the European Court of Justice. These actions are part of a series of environment-related infringement decisions against several Member States, which the Commission is currently announcing.

Environment Commissioner Stavros Dimas said: "The new directive is a key step towards improved transparency in environmental policy making. Europe's citizens now have not only the freedom but also the right to obtain environmental information that is held or produced by public authorities. However, Member States have to transpose the directive to enable their citizens to exercise this right in practical terms."

Access to environmental information

Adopted in 2003, the new Directive on public access to environmental information^[1] replaces an earlier Directive dating from 1990^[2]. The new Directive provides citizens a right ;of to environmental information held or produced by public authorities, e.g. data on emissions into the environment, their impact on public health and the results of environmental impact assessments. The Directive is in line with the requirements of the 1998 Aarhus Convention, to which the European Community is a party since May 2005.

The Directive cuts by half the deadline for public authorities to supply the information requested (from two to one month). It clarifies the circumstances under which authorities may refuse to provide information - access to information shall be granted if the public interest served by the disclosure outweighs the interest served by a refusal.

It also requires Member States to provide for review procedures for the public to challenge acts or omissions of public authorities relating to requests for environmental information.

As Belgium, France, Italy, Greece, Hungary, Luxembourg and Spain have not yet transposed the Directive, the Commission decided to send them a final written warning.

Legal Process

Standard procedure

Article 226 of the Treaty gives the Commission powers to take legal action against a Member State that is not respecting its obligations.

If the Commission considers that there may be an infringement of EU law that warrants the opening of an infringement procedure, it addresses a "Letter of Formal Notice" (first written warning) to the Member State concerned, requesting it to submit its observations by a specified date, usually two months.

In the light of the reply or absence of a reply from the Member State concerned, the Commission may decide to address a "Reasoned Opinion" (final written warning) to the Member State. This clearly and definitively sets out the reasons why it considers there to have been an infringement of EU law and calls upon the Member State to comply within a specified period, normally two months.

If the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the European Court of Justice. Where the Court of Justice finds that the Treaty has been infringed, the offending Member State is required to take the measures necessary to conform.

The infringement actions mentioned in this press release have been taken under Article 226 unless otherwise stated.

`Follow-up' procedure

Article 228 of the Treaty gives the Commission power to act against a Member State that does not comply with a previous judgement of the European Court of Justice, again by issuing a first written warning ("Letter of Formal Notice") and then a second and final written warning ("Reasoned Opinion"). The article then allows the Commission to ask the Court to impose a financial penalty on the Member State concerned.

For current statistics on infringements in general, see:

http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm#infractions

For rulings by the European Court of Justice, see:

http://curia.eu.int/en/content/juris/index.htm

^[1] Directive 2003/4/EC

^[2] Directive 90/313/EEC