Environment: access to information and justice, public participation, application of the Arhus Convention

As Youth and Environment Europe (YEE) its essential for us that young people can hold EU's Member States and EU institutions accountable to take the necessary action to protect our future. Strong procedural environmental rights are a guarantee that young people will be able ensure the EU achieves its climate objectives by 2050 at the latest.

Zero Waste Alliance Ireland (ZWAI) would like to highlight our concerns about the true lack of implementation of the Aarhus Regulation and wants to see the full adoption of its provisions an obligation by all actors concerned, especially legislators and authorities.

The Finnish Nature Conservation Association supports the proposal. The proposal extends the existing possibilities for NGOs to request an administrative review. At present, administrative review can only be requested in the case of individual actions (acts addressed directly to a person or by which the person concerned can be identified), but in the future non-governmental organisations may also request a review of…

Filed in Finnish · English published by the European Commission

The EEB welcomes the fact that the Commission has published its proposal to amend the Aarhus Regulation, with its stated intention to widen the opportunities to review decisions by the EU institutions that harm the environment. The proposal addresses a major obstacle to access to justice, namely the limitation of acts that may be challenged to measures of individual scope.

Delivering the Union’s commitment to achieving climate neutrality and resilience will depend crucially on whether and how well the EU institutions use their powers to take the necessary action to ensure the EU achieves its climate objectives by 2050 at the latest. It is therefore essential that the EU institutions can be held to account for taking the necessary action.

We support the general principles of the Aarhus Convention (AC). However, we are critical that the current proposal contains redefinitions and reinterpretations that go well beyond the original scope of the Aarhus Convention. Actions of general scope will in future also be covered by the AC (“acts of general scope”).

Filed in German · English published by the European Commission

EURACOAL welcomes this opportunity to respond on the important topic of access to environmental justice and how this relates to EU law. Our attached position paper explains why EURACOAL rejects proposals to amend the Aarhus Regulation. The proposal to extend the rights of review and legal action is not in line with EU law which requires equal access to justice.

Delivery of the European Green Deal depends on the implementation and enforcement of EU environmental law by EU institutions. To ensure compliance, the EU needs strong mechanisms that allow civil society to hold EU institutions to account when they fail to deliver on their commitments. Presently, there are no effective means for the public to seek judicial review of EU acts that breach environmental law.

Mellanskog’s response to the Proposal for a Regulation of the European Parliament and of the Council on amending Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention Mellanskog is a Forest owner’s association with more than 26,000 members in the Swedish midlands.

ECPA understands that the proposed revision of EU access to justice rules is necessary in order to address the findings of the Aarhus Convention Compliance Committee. Potential impact on EU administrative and judicial systems ECPA believes that the proposed changes could expose EU systems to numerous objections, some of which have potential to be vexatious, with potential to affect the smooth functioning of…

European donors active in Europe’s southern neighbouring countries, in the framework of the AA and ENP and in environmental matters. Do they undertake to ensure that the rights of vulnerable groups are respected when carrying out projects which they co-finance?

Filed in French · English published by the European Commission

The EU has on numerous occasions expressed the desire to be the global leader in responding to climate change and in implementing obligations stemming from international climate change conventions and agreements. It has taken important steps in that direction including the adoption of the European Green Deal.

In the opinion of the Austrian Chamber of Agriculture, there are fundamental concerns about this draft: • New scope threatens legal certainty The proposal provides that environmental NGOs may in future also challenge administrative acts of general interest. The definition covers all administrative acts, irrespective of their policy objectives or legal bases.

Filed in German · English published by the European Commission

Delivery of the Green Deal depends on the implementation and enforcement of EU environmental law by EU institutions. To ensure compliance in practice, the EU needs strong mechanisms that allow civil society to hold EU institutions to account when they fail to deliver for the environment and human health.

Response to the Proposal for a Regulation of the European Parliament and of the Council on amending Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention Södra would like to provide the following comments on behalf of our 53 000 forest owners and demonstrate our support for CEPF´s views on the following issues.

The Federation of Swedish Family Forest Owners, LRF Forestry, response to the Proposal for an amending Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention The general principles of the Aarhus Convention (AC) are important.

The general principles of the Aarhus Convention (AC) are important. However, there is no indication in the AC background papers or in other primary legal sources of the interpretation put forward by the Aarhus Convention Compliance Committee (ACCC), which allows any group or group that identifies itself as a stakeholder to participate in administrative, legal or other processes involving an environmental aspect…

Filed in German · English published by the European Commission

The proposal to amend the existing EU Aarhus Regulation (1367/EC/2006) aims at extending the rights to seek administrative review of administrative acts of EU institutions (delegated acts, implementing acts and decisions) for environmental NGOs: - Extension to "general acts": While currently a review procedure can only be requested for acts of "individual scope" (this means for acts directly addressed to a legal…

Delivery of the Green Deal depends on the implementation and enforcement of EU environmental law by EU institutions. To ensure compliance in practice, the EU needs strong mechanisms that allow civil society to hold EU institutions to account when they fail to deliver for the environment and human health.

The European Forum for Restorative Justice (EFRJ) encourages the use of Restorative Justice (RJ) methods and values also in the environmental sector. When an offense against the environment is at stake, the harm involves many people and/or the entire community.

Norra Skog would like to provide the following comments on behalf of the 27 000 northern Swedish forest owners who we represent. We response to the Proposal for a Regulation of the European Parliament and of the Council on amending Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention.

The Federation of Private Forestry (Fransylva) considers the principles of the Aarhus Convention to be important, but does not see them in line with the interpretation put forward by the Aarhus Convention Compliance Committee stating that there is a fundamental right for any person or group to take part in administrative processes, reviews and judicial proceedings in all matters with an environmental dimension.

Filed in French · English published by the European Commission

With the UmwRG, which was extensively amended in 2017, Germany has all the directives in nat. Law implemented. Calls for the correct implementation of EU secondary legislation to be ensured (paragraphs 31 and 32) and for a review of the national legislation. Legislation by the Member States themselves (paragraph 36) is therefore sufficient.

Filed in German · English published by the European Commission

In the light of the results of the study on the implementation of the Aarhus Convention presented in October 2019 and the next Conference of the Parties in 2021, the CCI North is critical of adjustments to the Aarhus Regulation in order to fulfil the EU’s contractual obligations as a member of the Aarhus Convention.

Filed in German · English published by the European Commission

The general principles of the Aarhus Convention (AC) are important. However, CEPF has not found support in the AC’s background papers or any primary source of law for the interpretation persistently put forward by the Aarhus Convention Compliance Committee (ACCC) which implies a right for basically anyone or any group, that identifies themselves as being a stakeholder, to take part in administrative processes…

Delivery of the European Green Deal depends on the implementation and enforcement of EU environmental law by EU institutions and bodies. To ensure compliance in practice, the EU needs strong mechanisms that allow civil society to hold EU institutions and bodies to account when they fail to deliver for the environment and human health.

The Aarhus Convention recognizes, among other things, the importance of fully integrating environmental considerations in governmental decision-making - a goal which has recently received renewed emphasis in the EU, via the EU Green Deal.

The legislative proposal creates an unparalleled administrative review mechanism accessible only to a specific stakeholder category. To ensure consistency with the EU Treaty system of legal remedies, it is of crucial importance that applicants under the Aarhus Regulation should only be admitted to request reviews of acts not entailing implementing measures.

One initiative that leads to the practical possibility of access to justice at EU level for everything that is inherent in the legality of decisions taken with an impact on the environment is... A MUST! Apart from the two specific requests for amendment of the Aarhus Convention set out in your document, which are very technical requests, we would point out here that the AARHUS Convention is completely unknown to…

Filed in Italian · English published by the European Commission

This submission has been prepared by the Environmental Law Officer of the Irish Environmental Network, IEN, the network of national eNGOs in Ireland, which includes 32 organisations. The Roadmap is both necessary and welcome, following as it does on: • The Commission’s commitment in the European Green Deal Communication regarding Access to Justice at EU and Member State level; • The Findings from the Aarhus…

Tomaž Ogrin for NGO ZVOS –Zveza društev za varstvo okolja (Association for the Environment) We strongly support the Initiative 12165-Access-to-Justice-in-Environmental-matters. We follow promptly the situation on this matter in European countries as much as in Slovenia, thanks to our colleagues in European countries.

• Because of role of gas as a transition fuel, proposed Revision of EU procedural rules under Aarhus Regulation should enable sustainable investments and projects in regards to utilization of natural gas. • Extending the timeline to challenging acts and decisions for qualified NGOs should not negatively influence the investment processes and not undermine legal certainty as well as competences of national…

Instituto Internacional de Derecho y Medio Ambiente (IIDMA) is an environmental law organization established in 1997 to contribute to environmental protection and sustainable development through the study, development, implementation and enforcement of the Law.

Access to justice does not exist for anyone questioning or opposing the so called ‘green deal’ in Scotland, the UK or Europe. Is there therefore any point in having a consultation on a situation which is ignored by the ruling elite and big business? Ordinary and some extraordinary people have spent hours of their free time and millions of euros and pounds fighting for environmental justice to no avail.

An extension of the current rights to legal action beyond administrative acts must be rejected, as it would be contrary to EU law and the universal principles of just law and open government which require stability and fairness. Such an extension would undermine democratic processes.

Comments of Association Justice and Environment, z.s. (J&E) on the Roadmap prepared by the European Commission titled “Access to justice in environmental matters”, Lead DG: DG ENV, E4 – Compliance & Better Regulation, also known as the Amendment of the Aarhus Regulation 3 April 2020 Introduction First and foremost, J&E welcomes the submission of the Roadmap and the initiative that the Aarhus Regulation (Regulation…

Access to justice in environmental matters is unsatisfactory in many respects in Germany. Problem of model procedure In the case of large-scale procedures such as airport upgrades, sample proceedings are conducted with selected claimants; However, they may validly put forward only those points which concern themselves.

Filed in German · English published by the European Commission

Access to information, public participation in environmental matters and access to justice are important elements in a participatory process and Austria’s Land & Forestry companies support the fundamental objectives of the Aarhus Convention. However, in order not to undermine these three pillars, there must be no excessive interpretation of the fields of application.

Filed in German · English published by the European Commission

EU environmental law – better access to justice FORATOM response to the Public Consultation FORATOM welcomes the opportunity to participate in the European Commission’s Roadmap [Ares (2020)1406501] and to contribute to the discussions on better access to justice in environmental matters. FORATOM wishes therefore to state the following observations: 1.

The general principles of the Aarhus Convention are important, but the very broad interpretation of the Convention by the Implementation Committee and various environmental organisations is not in line with the original intentions of the Convention.

Filed in Swedish · English published by the European Commission

ClientEarth welcomes the publication of this Roadmap. As we have emphasized in the response to previous consultations, we firmly believe that the amendment of the Aarhus Regulation (Regulation 1367/2006) is the only way for the European institutions, other than the CJEU, to significantly improve access to justice concerning acts of the EU institutions and to bring the European Union in compliance with its…

Dear Madame/Sir, As an organisation working on protecting the environment we know about the importance of access to justice for ensuring compliance with EU law and to address the ecological crisis, both at Member State and EU level. We therefore very much welcome the European Commission consultation on the Roadmap. We’d like to stress the following points: A.

Nuclear Transparency Watch is a European network of NGOs whose goal is to increase nuclear safety by supporting access to justice and access to information. NTW welcomes the Commission’s efforts to address the findings of EU non-compliance with the Convention by amending the Regulation with suitable measures.

3.4.2020/KN DETERMINATION OF NOISE EMISSIONS FROM WIND POWER PLANTS IN ACCORDANCE WITH IEC 61400-11 DOES NOT APPLY IN THE NORDIC COUNTRIES AND CAUSES HEALTH DAMAGE TO RESIDENTS Dear Sir, I would like to draw your serious attention to the fact that in Finland and in other Nordic countries large wind power plants in the industrial category are not covered by the International Noise Modelling Standard IEC 61400-11…

Filed in Finnish · English published by the European Commission

The Swedish Society for Nature Conservation (SSNC) welcomes the roadmap on Access to Justice and emphasize the importance and urgency of the matter. SSNC supports the intention to amend the Aarhus regulation to improve access to justice concerning acts of the EU institutions.

ÖKOBÜRO–Alliance of the Austrian Environmental Movement welcome the initiative to amend the Aarhus Regulation (EC) 1367/2006 to fully implement the Aarhus Convention, particularly its Article 9(3) and to tackled the findings of the Aarhus Convention Compliance Committee (ACCC) in case ACCC/C/2008/32.

As part of the updating of legislation in EU environmental law, I am submitting an opinion for the association Oberwind Hartenholm – Hasenmoor – Struvenhütten e.V. The topic is Regional Wind Planning in Schleswig-Holstein. It is common ground that citizens‘or municipalities’ objections have not been taken into account, even if German or EU law in force has not been complied with.

Filed in German · English published by the European Commission

The Aarhus Convention aims at facilitating the protection and conservation of the environment by excluding the unequal treatment of the right to access between large industrial corporations and citizens and not-for-profit organisations with limited opportunities.

Filed in Czech · English published by the European Commission

From Asociation of Slovenian Forest Owners Please ensure that forest owners are not considered only as a stakeholder in this process and that a result of this process is not that the forest owners will have to defend their day to day sustainable management on courts.

Access to justice is a widespread problem in the Member States and has been woefully insufficient also at EU level, as was also found by the Aarhus Convention Compliance Committee. Overall, the EEB welcomes the initiative by the Commission to finally address some of the deficiencies around access to justice, but would like to draw attention to certain aspects that are elaborated in the attached document.

The Federal Association of Energy and Water Management (BDEW), Berlin, represents more than 1900 companies. Energy and water companies are affected by the provisions of the Aarhus Convention and their transposition into European law with a large number of projects subject to EIA or immission control legislation or subject to authorisation under water legislation.

Filed in German · English published by the European Commission

The Austrian Chamber of Agriculture respects the principles of the Aarhus Convention. Access to information, public participation and access to administrative or judicial procedures for decisions that have a significant impact on the environment are important for public participation.

Opinion for Roadmap “EU environmental law – better access to justice (updating legislation)” Ref. Ares(2020)1406501-06/03/2020 In principle, the Aarhus Convention and the granting of a right to environmental protection are to be supported. However, the limits of European Union primary law and the separation of powers, as well as the provisions of the Aarhus Convention itself, must be respected.

Filed in German · English published by the European Commission

The authorities are systematically removing obstacles to wind power expansion. The Waddenmeer National Park is located on the west coast of Schleswig-Holstein. This FFH area is connected to the hinterland via several bird axes. These so-called ‘bird flight axes’ or ‘bird flight corridors’ are systematically removed in order to allow for an unbiased expansion of wind power in this sensitive area.

Filed in German · English published by the European Commission

As the recognized representative of the European metals and minerals mining industry covering more than 42 different metals and minerals and employing 350.000 directly and about four times as many indirectly, Euromines supports the ambition of the Commission to reduce CO2 emissions and to move towards a greener and a more sustainable economy.

SUMMARY REPORT OF LEGAL ISSUES (Article 41 of Law 4055/2012) This raises the points of law related to the interpretation and application of: (a) the direct effect of directives, and in particular the possibility for individuals to rely directly on directives before the national courts in accordance with the case-law of the CJEU.

Filed in Greek · English published by the European Commission

The Central Union of Agricultural Producers and Forest Owners (MTK) recognizes the importance of the general principles of the Aarhus Convention in relation to access to justice in environmental matters. However, the Commission’s initiative described in the roadmap includes actions that are not justifiable from the point of view of the Aarhus Convention.

The Czech citizen has for a long time fought to reduce noise in communications as well as to prevent the introduction of transit traffic within densely populated areas. A member of the registered association “For the Quality of Housing in Brno — Bosono”, supporting the initiative to amend the JMK plan in order to avoid damage to the large recreational area of Brna — Brněnské dam and the introduction of the TEN-T…

Filed in Czech · English published by the European Commission

The Finnish Association for Nature Conservation is the oldest and biggest environmental NGO in FInland. We have always been a strong advocate for the Aarhus Convention and so-called third pillar rights both in Finland and in the EU. Within the Finnish legal system, access to justice has long traditions even in our earlier and current Constitution.

As an organisation actively engaged in environmental issues, we recognize the importance of improving access to justice in environmental matters as a means of ensuring compliance with and better implementation of environmental law, both at EU and MS level, and, in this way, contributing to the protection of the environment.

EC welcome the opportunity to present our comments in this consultation. As stated in the roamap the Comission committed to consider revising the Aarhus Regulation in the European Green Deal Communication. Achiving carbon neutrality by 2050 needs moving towards a greener and a more sustainable economy.

Filed in Polish · English published by the European Commission

Aarhus Convention aims to facilitate the protection and preservation of the environment by avoiding unequal conditions in the access to justice between large industrial corporations and citizens or NGOs with limited means.

COPA AND COGECA FEEDBACK ON THE ROADMAP “EU environmental law – better access to justice (updated rules)” COPA and COGECA support the general principles of the Aarhus Convention for providing access to information, public participation and access to administrative or juridical procedures for decisions with major impacts on the environment.

Austrian Federal Economic Chamber (WKO) – 02/04/2020 Aarhus Convention in the area of access to justice in environmental matters Aarhus-Roadmap [Ref. Ares(2020)1406501 - 06/03/2020] on Aarhus Regulation 1367/2006 From the point of view of the Austrian Federal Economic Chamber (WKO), the mandatory representation of 550,000 Austrian companies, a future consultation on access to justice referring to EU institutions…

Dear Madame/Sir, As an organisation working on protecting the environment we know about the importance of access to justice for ensuring compliance with EU law and to address the ecological crisis, both at Member State and EU level. We therefore very much welcome the European Commission consultation on the Roadmap. We’d like to stress the following points: 1.

Dear Sir/Madam, The Land planning and the Land government; Wind energy Regional Plan III (third draft) The third draft states that: Other regional plan presentation: The area of suitability for wind energy use in accordance with LEP 2010 has been removed from all planning documents, since it is then probably true – as I do from Jan.-May. 2019 warned – wrong. They now call all areas of potential land.

Filed in German · English published by the European Commission

Humane Society International/Europe (HSI) welcomes the publication of the European Commission’s Roadmap on Access to Justice in Environmental Matters. For far too long, civil society organisations like HSI have faced difficulties in challenging administrative decisions and actions which affect the environment and the animals within.

Cefic welcomes the opportunity to take part in this Commission Roadmap and to contribute to the discussions on access to justice in environmental matters. Further to the targeted changes to the EU Aarhus Regulation and other new initiatives on access to justice in environmental matters presented in the Roadmap at hand, Cefic would like to provide to the Commission the following feedback: Targeted changes to the EU…

Dear Sir/Madam, in the attached PDF document, we comment on the proposal “EU environmental law – better access to justice”. Yours sincerely, [name removed], Dipl. Biologist Federal and Land Chairman of the Board of Directors Nature Conservation Initiative e.V. (NI) Nature Conservation Initiative e.V. (NI)

Filed in German · English published by the European Commission

Dear Commission, As an organisation working on protecting the environment we know about the importance of access to justice for ensuring compliance with EU law and to address the ecological crisis, both at Member State / EU level. We therefore very much welcome the Commission consultation on the Roadmap. We’d like to stress the following points: A.

Legal informational centre for NGOs (Pravno-informacijski center nevladnih organiazacij – PIC) is a Slovenian NGO working in the fields of human rights and environmental protection. It has a national status of working in public interest in the area of environmental protection. It is dedicated to a thorough implementation of the Aarhus Convention.

From Val Martin, Drumsallagh, Kingscourt, Ireland. 1) It took me 2 days to log in because your site was difficult to access. Few people know about this feedback. After years of dealing with you, I have concluded that you do not want to accept the laws that are in place for access to justice in environmental cases. I have always pointed this out to you and you ignored it.

Dear Madame/Sir, As an organisation working on protecting the environment we know about the importance of access to justice for ensuring compliance with EU law and to address the ecological crisis, both at Member State and EU level. We therefore very much welcome the European Commission consultation on the Roadmap. We would like to stress the following points: A.

ECIT is a public foundation focussing on European citizenship. The Commission consultation on the revision of the regulation applying the Aarhus Convention does not mention EU citizenship but nevertheless goes to the heart of what has been described a “fundamental status” by the Court of Justice of the European Union for two reasons: -if citizenship is the right to have rights, there must be mechanisms to ensure…

The targets of individual countries on the number of wind turbines are increasingly hampered by natural and environmental concerns. This is taken into account by national tightening and weakening of nature protection laws.

Filed in German · English published by the European Commission

On 16.11.2016 Verngekraft Odenwald e.V. lodged the following complaint with the EU Commission CHAP(2016)03537 wg. Infringement of EU law because legal remedies were not available in Germany due to lack of standing to bring proceedings: Infringement by Germany, in this case: Regierungspräsidium Darmstadt, President of the Government Ms Brigitte Lindscheid, on authorisation procedures with immediate execution for the…

Filed in German · English published by the European Commission

Dear European Commission, Dear Lady/Sir, Thank you for submitting your Access to Justice in Environmental Matters Roadmap. After reading and thinking about what else to pay attention to in section A, " Problem the initiative aims to tackle” For the further application of the Aarhus Convention. Look: Second paragraph, "It will therefore be relevant to clarify that a reviewable act in itself…".

The need to establish a system of its own for the resolution of environmental disputes at EU and Member State level, taking into account its own mediation and arbitration procedures, as well as to recognise the right of every citizen to access environmental justice within their capacities of obligations and rights as citizens of the Union, without having to join civil society organisations, to facilitate access for…

Filed in Spanish · English published by the European Commission

Over many years of experience, there is no risk that public authorities may fall short of environmental protection requirements in Germany. Rather, environmental protection measures, particularly in the field of transport and energy transition, are prevented restrictively beyond reasonable protection objectives.

Filed in German · English published by the European Commission