Inter-institutional negotiations between the European Parliament and the Council of the EU, assisted by the European Commission, will start on Friday 4 June on the proposal to amend the Aarhus Regulation on public access to justice in environmental matters (Regulation (EC) No 1367/2006), in order to bring it into line with the international Aarhus Convention which it transposes.
In 2017, the Aarhus Convention Compliance Committee (ACCC) found that the EU did not properly provide access to citizens wishing to challenge an administrative act of the EU institutions or bodies (Case ACCC/C2008/32).
On Wednesday, the twenty-seven ambassadors to the EU endorsed the Portuguese Presidency’s suggestions, which included focusing on the European Parliament’s amendments to the compliance case on which the ACCC has already issued its conclusions and opinion (see EUROPE 12731/5).
The Parliament’s position, adopted on 20 May, considerably broadens the types of administrative acts that may be subject to review. It also provides that not only NGOs, but also individuals meeting the criteria set out in the Regulation, have the right to lodge a request for internal review with an EU institution or body that has adopted, or should have adopted, an administrative act, on the grounds that this act or omission contravenes environmental law (see EUROPE 12723/20).
The discussion in Coreper showed that many delegations had reservations about the amendment requesting that EU decisions requiring national implementing measures be subject to review (amendment 23).
As regards the legal status of individuals, some delegations and the Commission do not wish to go beyond a right of review granted to NGOs.
Furthermore, most delegations are opposed to the inclusion of state aid in the scope of the administrative review.
The amendment of the Aarhus Regulation will be discussed by EU environment ministers on Thursday 10 June. (Original version in French by Aminata Niang)