The Environment Ministers of the EU Member States reached a political agreement (‘general approach’) on Thursday 17 December on amending the Aarhus Regulation (1367/2006) to improve public access to justice in environmental matters and thereby bring it into line with the Aarhus Convention which it transposes (Case ACCC/C2008/32).
The agreed text considerably broadens the scope for NGOs to appeal against administrative acts of EU institutions and bodies that may affect the environment and extends the deadlines for a request for review (see EUROPE 12623/5, 12620/20).
German Environment Minister Svenja Schulze, the outgoing Chair of the Environment Council of the EU, expressed her “gratitude” for this progress, stressing that everyone had “worked under pressure”, knowing that “we must have a solution” by the next meeting of the parties to the Aarhus Convention in October 2021.
“Our environmental policy and the way it is implemented affect the lives of citizens. Transparency is therefore essential. The Aarhus Convention is crucial“, she said.
Further modifications may be required. Several delegations, like Denmark and Luxembourg, said they were anxious to know the opinion of the Convention’s Compliance Committee, expected in early 2021, as to whether the changes made were sufficient, and pointed out that further adjustments to the text might be required.
The opinion of the Legal Service of the Council of the EU, which is also awaited, will be welcome as well, the various delegations said.
The Hungarian delegation expressed “some concerns”, considering that any new amendment should stricto sensu respect certain aspects specific to the EU - the case law of the Court of Justice - and that repercussions at national level should be avoided, if further amendments were required.
Discussions will continue under the Portuguese Presidency of the EU Council. The political agreement will serve as a basis for negotiations with the European Parliament. Environment Commissioner Virginijus Sinkevičius said that the Commission had not yet taken a position, but that, subject to agreement with the European Parliament, it could support the text. (Original version in French by Aminata Niang)