In principle, the conditions are right for the EU Environment Council to reach a political agreement (general approach) on Thursday 17 December on amending the Aarhus Regulation (1367/2006) to improve citizens’ access to justice in environmental matters.
Twenty-six permanent representatives to the EU (Coreper) approved, on Wednesday 9 December, the German Presidency’s compromise on the proposal made in October in response to a ruling by the EU Court of Justice that Regulation 1367/2006 restricts citizen challenges to a limited number of acts by public authorities (see EUROPE 12605/16, 12581/8).
One delegation has a parliamentary scrutiny reservation, but indicated that it should, in principle, be lifted.
The compromise slightly modifies the Commission proposal to clarify that provisions of an administrative act explicitly requiring implementing measures cannot be the subject of a request for internal review by an NGO.
The text is expected to be approved by the Council without any real discussion, but ministers who wish to do so will be able to speak on 17 December (the subject will be included as a “nominal B item” on the session’s agenda).
If the general approach is established, it will serve as a basis for future negotiations with the European Parliament once it has taken a decision. The Portuguese Presidency of the EU Council will take over this dossier. (Original version in French by Aminata Niang)