The new directive strengthens the existing EU rules in this area, aligning them with the environmental information requirements of the 1998 Aarhus Convention. This Convention grants the public access to environmental information, provides for public participation in environmental decision-making and allows the public to seek redress when environmental law is infringed. The new rules are a key step towards improved transparency in environmental policy making. It will pave the way for giving citizens a greater say in environmental matters.
Stavros Dimas, Commissioner for the Environment, said: “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.” He added: ”Information can be a powerful catalyst for change towards increased protection of the environment and I hope citizens will make the best use of it.”
The new directive on public access to environmental information (Directive 2003/4/EC) replaces an earlier directive dating from 1990 (Directive 90/313/EEC). It provides that every natural or legal person, regardless of citizenship, nationality or residence, has a right of access to environmental information held or produced by public authorities. Examples of such information are data on emissions into the environment, their impact on public health and the results of environmental impact assessments.
The central elements of the new directive are:
- To grant a right of access to environmental information (as opposed to freedom of access currently) and to ensure that environmental information is made available and disseminated actively to the public;
- A broader definition of environmental information as well as a more detailed definition of public authorities;
- A deadline of one month (reduced from two currently) for public authorities to supply the information requested;
- Clarification of 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;
- Two types of review procedures have been laid down for the public to challenge acts or omissions of public authorities relating to requests for environmental information.
To date, the Commission has received official notifications from nine Member States of their national measures to transpose the directive. Infringement procedures will be initiated soon against those that have not notified their national measures.
