EU implementation of the Aarhus Convention in the area of access to justice in environmental matters

The administrative review should an opportunity to better environmental legislation, improve judicial review, enhance institutional dialogue between EC Commission and the European and national courts, and foster environmental democracy in EU. Amendment of the Aarhus Regulation is also mean to bring the EU into compliance with its international law obligations.

PAN Europe strongly supports an amendment of the Aarhus regulation in order to comply with the Aarhus convention and with the findings of the Aarhus convention compliance committee from 17/03/2017. The way the Aarhus regulation prevents citizens and NGOs to have access to justice concerning environmental matters is a denial of citizens’ democratic rights.

WWF SE welcomes the opportunity to comment on the public consultation on the Inception Impact Assessment. Working institutions are fundamental for sustainable development and to bring the Aarhus regulation into full compliance with the Aarhus convention would, besides safeguarding the integrity of European environmental law and access to justice in environmental matters throughout the EU, also contribute to its…

Call for a prompt amendment of the Aarhus Regulation As per the findings of the Aarhus Convention Compliance Committee (ACCC) the EU is unequivocally in violation of the Aarhus Convention due to not rendering its legal fora accessible to EU citizens in general.

Zero Waste Europe welcomes the opportunity to contribute to the Commission’s EU implementation of the Aarhus Convention in the area of access to justice in environmental matters. Zero Waste Europe is an European network of communities, local leaders, businesses, experts, and change agents working towards the same vision: eliminating waste in our society.

I believe the Aarhus Convention Compliance Committee rendered a balanced interpretation of the Convention leaving adequate discretion for the EU to adjust its access to justice scheme. I do not believe the TFEU must be modified to that effect. Art. 263 para. 4 TFEU gives sufficient leeway to the CJEU to reconsider its case law and to the EU legislature to amend the Aarhus Regulation.

In order to bring the EU law into compliance with its international obligations under the Aarhus Convention an amendment of the Aarhus Regulation is necessary. Members of the public have no standing under Art. 263 TFEU to challenge acts and omissions of EU institutions that are not addressed directly to them. Therefore, it is the Aarhus Regulation that remains for the public, but currently it is unduly restrictive.

Context: The description of the context is broadly accurate, though it fails to mention that the reason that no agreement was reached at the MoP was because the EU opposed the endorsement of the finding of non-compliance (thereby breaking the longstanding practice whereby all findings of non-compliance had previously been endorsed by the MoP with the full support of the EU) but failed to get even a single other…

From the point of view of Flughafen Wien AG (FWAG), it will be important to ensure that the new provisions of the Aarhus Convention are implemented in such a way as to avoid any delay to the authorisation procedures concerned and, in the interests of legal certainty and predictability, preserve the existing legislation as far as possible.

Filed in German · English published by the European Commission

Amendment of the Aarhus Regulation is the only means available to the EU legislature to bring the EU into compliance with its international law obligations. On 17 March 2017, the Aarhus Convention Compliance Committee (ACCC) found the EU to be in violation of the Aarhus Convention by failing to provide members of the public with access to the EU courts (CJEU).

A recent study by the Institute of Industrial Science on the consequences of Aarhus judgements by the European Court of Justice shows that 86 % of the companies surveyed expect significant legal uncertainty. Equally it should be contestable to carryover proceedings, as this could lead to a huge lack of investment.

As an environmental NGO working with radioactive waste issues run Sweden, MKG, MIljöorganisationernas kärnavfallsgranskning (Swedish NGO Office for Nucler Waste Review) supports the opinion of the Swedish Society for Nature Conservation (SSNC) in this feedback possibility.

Sweden Skogsindustrier Association is a trade association whose members are of Swedish paper and masaföretag and sawmills. Members engaged in forestry activities and skogsindustriell on own land or on behalf of other owners.

Filed in Swedish · English published by the European Commission

Before providing our comments, we would like to remark that the EU is at a crucial time. The credibility of EU institutions has been weakened during the first two decades of the XXIst century due to the reluctance to evolve along with the changes in our societies. The reluctance to introduce the required amendments in EU Law to allow citizens to challenge acts of EU institutions is a paradigmatic one.

In its findings and recommendations adopted in 2011 and 2017 with respect to communication ACCC/C/2008/32, the Aarhus Convention Compliance Committee (ACCC) concluded that the rules on standing, laid down in Article 263(4) TFEU, to directly challenge acts and omissions of EU institutions do not comply with Article 9(3) of the Aarhus Convention (AC).

UKELA aims to make better law for the environment and to improve understanding and awareness of environmental law. UKELA’s members are involved in the practice, study or formulation of environmental law. It attracts both lawyers and non-lawyers and has a broad membership of approximately 1,400 people from the private and public sectors.

The submission (attached) is from Wildlife and Countryside Link, which is a coalition of 48 voluntary organisations concerned with the conservation and protection of wildlife and the countryside. Its members practice and advocate environmentally sensitive land management, and encourage respect for and enjoyment of natural landscapes and features, the historic and marine environment and biodiversity.

WWF Greece welcomes the consultation on the Inception Impact Assessment. It is an opportunity for a new direction: administrative review should not be regarded as an obstacle, but as an opportunity to better environmental legislation, improve judicial review, safeguard transparency, enhance institutional dialogue, and foster environmental democracy.

Free access to environmental justice promoted by the Aarhus Convention, aimed to facilitate the defense of the environment by avoiding the unequal conditions in the access to justice between large industrial corporations and a citizen or an NGO with limited means.

Amendment of the Aarhus Reg. is the only means available to the EU legislature to bring the EU into compliance with its international law obligations. On 17 March 2017, the Aarhus Convention Compliance Committee (ACCC) found the EU to be in violation of the Aarhus Convention by failing to provide members of the public with access to the EU courts (CJEU).

Amendment of the Aarhus Regulation is the only means available to the EU legislature to bring the EU into compliance with its international law obligations. On 17 March 2017 the Aarhus Convention Compliance Committee (ACCC) found the EU to be in violation of the Aarhus Convention by failing to provide members of the public with access to the EU courts (CJEU).

The Swedish Society for Nature Conservation (SSNC) wants to underscore the necessity of bringing the Aarhus regulation into full compliance with the Aarhus convention. This is of utmost importance to safeguard the integrity of European environmental law and access to justice in environmental matters throughout the Union.

As the Roadmap states: “The EU is a Party to the (Aarhus) Convention and must adhere to its obligations.” Accordingly, after having been found in 2017 to be in noncompliance with article 9, paras. 3 and 4 of the Convention by the ACCC, the EU declared at the most recent Meeting of the Parties in Budva that it will "continue to explore ways and means to comply with the Aarhus Convention in a way that is compatible…

With regard to the material effects, the distinction between Articles 9 (2) and 9 (3) indicates a deliberate assessment of a significant environmental threshold, in particular not an equality of all environmental measures.

COPA and COGECA, representing the interests of the European farmers and agri-cooperatives, 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.

The European Crop Protection Association welcomes the opportunity to provide feedback on the Roadmap – “Implementation of the Aarhus Convention by the European Union (EU) in the area of access to justice in environmental matters”. We look forward to being able to provide input during the public consultation in second term of 2018.

Rather than being “already complete” as stated in the Roadmap, the EU system of remedies suffers from considerable shortcomings. As recognized already in the first ACCC’s findings in 2011, the preliminary reference system under Article 267 TFEU does not meet the requirements of Article 9(3) of the Convention.

Austrian Federal Economic Chamber (WKO) on Aarhus Convention in the area of access to justice in environmental matters Aarhus-Roadmap on Aarhus Regulation 1367/2006 From the point of view of the Austrian Federal Economic Chamber (WKO), the mandatory representation of 500,000 Austrian companies, a future consultation on access to justice referring to EU institutions should not extend the scope of the Aarhus…

As the Roadmap states: “The EU is a Party to the (Aarhus) Convention and must adhere to its obligations.” Accordingly, after having been found in 2017 to be in noncompliance with article 9, paras. 3 and 4 of the Convention by the ACCC, the EU declared at the most recent Meeting of the Parties in Budva that it will "continue to explore ways and means to comply with the Aarhus Convention in a way that is compatible…

Amendment of the Aarhus Regulation (AR) is the most suitable means for the EU legislature to bring EU in compliance with its obligations under article 9(3) of the Aarhus Convention. The ACCC found EU to be in violation of the Convention by failing to provide members of the public with access to the EU courts to challenge acts and omissions of the EU bodies relating to the environment.

Datum 4th of June 2018 Federation of Swedish Family Forest Owners Lennart Ackzell Åsa Hill Response to the Roadmap on the Inception Impact Assessment on the Aarhus Convention The Aarhus convention and how an excessive interpretation affects small scale forestry and farming The Commission published on 8 May 2018 an impact assessment initiative on “EU implementation of the Aarhus Convention in the area of access to…

Amendment of the Aarhus Regulation (AR) is the most suitable means for the EU legislature to bring EU in compliance with its obligations under article 9(3) of the Aarhus Convention. The ACCC found EU to be in violation of the Convention by failing to provide members of the public with access to the EU courts to challenge acts and omissions of the EU bodies relating to the environment.

BirdLife Europe has a lot of experience with implementing the Aarhus Convention, both on the ground through complaints and court cases of its members and at EU level. We therefore would like to give the following input to the European Commission’s Inception Impact Assessment: The EU is a party to the Aarhus Convention in its own right; it therefore constitutes an integral part of the EU legal order.

In relation to consultations concerning access to justice in environmental matters in the EU. Amendment of the Aarhus Regulation is the only means available to the EU legislature to bring the EU into compliance with its international law obligations.

Amendment of the Aarhus Regulation is the only means available to the EU legislature to bring the EU into compliance with its international law obligations. On 17 March 2017, the Aarhus Convention Compliance Committee (ACCC) found the EU to be in violation of the Aarhus Convention by failing to provide members of the public with access to the EU courts (CJEU).

Amendment of the Aarhus Regulation is the only means available to the EU legislature to bring the EU into compliance with its international law obligations. On 17 March 2017, the Aarhus Convention Compliance Committee (ACCC) found the EU to be in violation of the Aarhus Convention by failing to provide members of the public with access to the EU courts.

Amendment of the Aarhus Regulation is the only means available to the EU legislature to bring the EU into compliance with its international law obligations. On 17 March 2017, the Aarhus Convention Compliance Committee (ACCC) found the EU to be in violation of the Aarhus Convention by failing to provide members of the public with access to the EU courts (CJEU).