In a victory for environmental NGOs and EU citizens, the Council of the EU decided unanimously on Monday 17 July to accept, subject to conditions, the complaint that the EU institutions had breached the public’s right to information, public participation in decision-making and access to justice in environmental matters, as guaranteed by the Aarhus Convention.
Acknowledgement of breach of the rules of this legally binding international instrument and a desire to cooperate to bring a remedy is the position the EU will adopt at the next meeting of the parties (MoP-6) in Budva, Montenegro from 11 to 15 September, against the opinion of the European Commission but to the joy of environmental NGOs. The Council will, however, seek to have the draft Convention decision slightly amended to state that the Meeting of the Parties does not intend to require the EU to interfere with the independence of its judiciary.
After the NGO Client Earth lodged a case in 2008, the Convention’s compliance committee concluded on 17 March 2017 (case ACCC/C/2008/32) that the EU was not completely fulfilling its obligations in that it offered only very limited opportunities for NGOs and the public to justice at EU level. Neither EU Regulation 1367/2006 nor Court of Justice case-law fully complies with the provisions of the convention, the committee found. Its conclusions will be presented at MoP-6.
On 29 June, much to the chagrin of the environmental NGOs, the European Commission brought forward a proposal that sought to have the Council reject the compliance committee’s findings and to vote against the draft decision at MoP-6.
The European Environmental Bureau (EEB) was very concerned and denounced a “shameless” and “unprecedented” attempt by the Commission to block access to justice for the citizens of the EU and to “resist public accountability” on environmental issues.
The Commission, whose suggested line was not followed, made a statement on the Council decision expressing its regret and making the point that the compliance committee had failed to recognise the specific features of the EU legal order.
It pledges, nonetheless, that it will undertake fully to respect the principles and objectives of the Aarhus Convention and that it will, on behalf of the EU, argue the position agreed by the Council at MoP-6 in September.
It gives a warning, however, that if the amendments proposed by the EU are not accepted by MoP-6, the EU will vote against the decision to be adopted by the parties to the Aarhus Convention. It also reserves the right of initiative, as granted it by the treaty of the EU. (Original version in French by Aminata Niang)