The Slovenian Presidency of the Council of the EU has a mandate for the third and hopefully final round of interinstitutional negotiations (trilogues) on the amendment of EU Regulation 1367/2006, proposed by the European Commission, to improve public access to justice in environmental matters and thus ensure that this legislation is in line with the international Aarhus Convention, which it transposes, all while respecting the EU’s legal order.
The EU27 ambassadors to the EU (Coreper) gave their green light, on Wednesday 7 July, to the approach proposed by the Presidency for the third and final trilogue on Monday 12 July.
According to a Presidency preparatory document dated 5 July and seen by EUROPE, the focus will remain on the Aarhus Convention Compliance Committee case ACCC/C2008/32, with some flexibility for the Parliament’s requests beyond that.
Any concession by the EU Council will have to be reciprocated by the European Parliament, with the understanding that a final agreement will only be possible in the context of an overall compromise on all outstanding issues, the document states (see EUROPE 12747/9).
In this context, the extension of standing to members of the public to challenge an administrative act of an EU institution or body, beyond just NGOs, will be a major part of the discussions, a diplomatic source confirmed on 8 July.
As part of an overall compromise, the Presidency is prepared to show some flexibility in the discussion on the criteria for standing (number of persons residing in how many Member States, with at least a certain percentage of members of the public residing in one Member State each; the need to demonstrate an infringement of their rights by quantitative and qualitative criteria; whether a member of the public is entitled to act alone or has to be represented by a lawyer or an NGO).
While work has progressed in the technical trilogues, based on a costed proposal from the European Commission, the figures have not been discussed in Coreper.
The EU Council believes that these criteria should be included in the text of the Regulation. The Presidency always has the mandate to refuse their inclusion in a delegated act.
Other elements of an overall compromise include:
- the inclusion of non-legislative acts requiring implementing measures at EU or national level (amendment 23): this could be accepted for implementing measures at national level only.
- the inclusion in the Regulation of non-legislative acts concerning State Aid (amendment 24), dear to the Parliament, but a red line for the EU Council.
- access to information on Member States’ positions expressed in decision-making procedures, another red line for Member States.
- the inclusion of wording on non-prohibitive costs of procedures (amendment 34), which the EU Council could accept in a recital. (Original version in French by Aminata Niang)