On Tuesday 17 November, the German Presidency of the Council of the European Union sent the Member States a first draft compromise on the proposed revision of the European Regulation (1367/2006) transposing the international Aarhus Convention into EU law in order to enable better public scrutiny of EU acts regarding the environment and better public access to justice.
Presented on 14 October, the proposed revision aims to improve public (individuals and associations) access to justice in environmental matters, after the EU Court of Justice ruled that Regulation 1367/2006 reduces the public’s opportunity to challenge administrative acts to a limited number (see EUROPE 12581/8).
On the whole, the German Presidency seems to be satisfied with this proposal, given that its draft compromise suggests few changes to the text proposed by the Commission.
Berlin thus only wants to place greater emphasis on the fact that provisions of an administrative act which explicitly require implementing measures at Union or national level cannot be the subject of a request for internal review by an NGO.
It also proposes the addition of a recital clarifying the concept of a legally binding act.
The draft compromise will be discussed by national delegations on 23 November at the meeting of the EU Council’s Environment Working Group.
See the draft compromise: https://bit.ly/3fh1D8Y (Original version in French by Damien Genicot)