Regulation (EU) 2021/1767 amending Regulation (EC) No 1367/2006 on the application of the provisions of the Aarhus Convention to Community institutions and bodies

Summary:

Regulation (EU) 2021/1767 - adopted by the European Union on 6 October 2021 - introducing amendments to Regulation (EC) No 1367/2006 concerning the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies.

Further information:

Regulation (EC) No 1367/2006 - also known as Aarhus Regulation - sets out how the European Union (EU) and its Member States implement to their institutions and bodies the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters.

The amendments were tabled by the European Commission on 14 October 2020 to allow for better public scrutiny of EU acts affecting the environments. The proposed Regulation aimed at making it easier to request that the EU institutions review such acts to better ensure environmental protection.

The Council of the European Union adopted its general approach at a meeting on 17 December. The plenary of the European Parliament adopted its negotiating position on 20 May. An informal agreement between the co-legislators on a compromise text concerning this file was reached on 12 July. This was endorsed by the Parliament on 5 October, followed by the Council on the following day. The Act was formally signed by the co-legislators on 6 October 2021 and published in the Official Journal on 8 October 2021.

Official

EUR-LEX: COM(2020)642): Proposal for a Regulation on amending Regulation (EC) No 1367/2006 on the application of the provisions of the Aarhus Convention https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2020:642:FIN

European Parliament: Legislative Observatory: Procedure File for Proposal on Environment: access to information and justice, public participation, application of the Arhus Convention (2020/0289(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2020/0289(COD)

European Parliament: Legislative Train Schedule: Proposal of amending the Aarhus Regulation on Access to Justice in Environmental Matters https://www.europarl.europa.eu/legislative-train/theme-a-european-green-deal/file-access-to-justice-in-environmental-matters

European Commission: DG Environment: Aarhus Convention https://ec.europa.eu/environment/aarhus/

European Commission: DG Environment: News, 14/10/2020: Commission proposes to improve public scrutiny of EU acts related to the environment https://ec.europa.eu/environment/news/commission-proposes-improve-public-scrutiny-eu-acts-related-environment-2020-10-14_en

Council of the European Union: Press Release, 17/12/2020: Council reaches agreement on improving access to justice in environmental matters https://www.consilium.europa.eu/en/press/press-releases/2020/12/17/council-reaches-agreement-on-improving-access-to-justice-in-environmental-matters/

Council of the European Union: Press Release, 12/07/2021: Council and Parliament reach provisional deal on access to justice in environmental matters https://www.consilium.europa.eu/en/press/press-releases/2021/07/12/council-and-parliament-reach-provisional-deal-on-access-to-justice-in-environmental-matters/

European Parliament: Press Release, 12/07/2021: MEPs reach deal to ensure access to environmental justice for EU citizens https://www.europarl.europa.eu/news/en/press-room/20210708IPR08022/

European Commission: Press Release, 13/07/2021: Political agreement on the Aarhus Regulation: Commission welcomes increased public scrutiny of EU acts related to the environment https://ec.europa.eu/commission/presscorner/detail/en/ip_21_3610

Council of the European Union: Press Release, 23/07/2021: EU ambassadors endorse update to legislation on access to justice in environmental matters (Aarhus Regulation) https://www.consilium.europa.eu/en/press/press-releases/2021/07/23/eu-ambassadors-endorse-update-to-legislation-on-access-to-justice-in-environmental-matters-aarhus-regulation/

Greens/EFA Group: Press Release, 05/10/2021: Greater say for citizens in EU environmental policy https://www.greens-efa.eu/en/article/press/convention-daarhus-par-son-jeu-duplice-la-commission-entrave-les-progr%C3%A8s-de-la-d%C3%A9mocratie-environnementale

Council of the European Union: Press Release, 06/10/2021: Aarhus Regulation - Council adopts its position at first reading https://www.consilium.europa.eu/en/press/press-releases/2021/10/06/aarhus-regulation-council-adopts-its-position-at-first-reading/

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News

Reuters, 20/05/2021: EU Parliament backs citizens' legal challenges to protect environment https://www.reuters.com/business/environment/eu-parliament-backs-citizens-legal-challenges-protect-environment-2021-05-20/

EurActiv, 28/06/2021: EU negotiators still far apart on environmental justice rights https://www.euractiv.com/section/climate-environment/news/lawmakers-and-eu-countries-still-far-apart-on-access-to-justice-in-negotiations/

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Commentary and Analysis

EEB: News, 14/10/2020: Commission proposal to strengthen access to justice tackles main obstacle but falls short overall https://eeb.org/commission-proposal-to-strengthen-access-to-justice-tackles-main-obstacle-but-falls-short-overall/

White&Case: Alert, 27/10/2020: EU moves to expand rights for environmental NGOs to challenge acts on environmental grounds https://www.whitecase.com/publications/alert/eu-moves-expand-rights-environmental-ngos-challenge-acts-environmental-grounds

European Law Blog, 04/11/2020: Access to Justice in Environmental Matters in the EU Legal Order – Too little too late? https://europeanlawblog.eu/2020/11/04/access-to-justice-in-environmental-matters-in-the-eu-legal-order-too-little-too-late/

ClientEarth, 06/11/2020: The Aarhus Regulation Amendment: Cause for cautious celebration https://www.clientearth.org/projects/access-to-justice-for-a-greener-europe/updates/the-aarhus-regulation-amendment-cause-for-cautious-celebration/

EEB: Letter to Environmental Ministers regarding the Commission’s proposal on the Aarhus Regulation (19 November 2020) https://eeb.org/library/letter-to-environmental-ministers-regarding-the-commissions-proposal-on-the-aarhus-convention/

EEB: Letter to President Ursula von der Leyen on revision of Aarhus Regulation (27 January 2021) https://eeb.org/library/letter-to-president-von-der-leyen-on-revision-of-aarhus-convention/

European Law Blog, 11/03/2021: Watering down the Aarhus Regulation – time to deliver an ‘adequate and effective remedy’ https://europeanlawblog.eu/2021/03/11/watering-down-the-aarhus-regulation-time-to-deliver-an-adequate-and-effective-remedy/

EPRS: Briefing, May 2021: Access to justice in environmental matters: Amending the Aarhus Regulation https://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2021)679078

EPRS: At a Glance, May 2021: Access to justice in environmental matters https://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_ATA(2021)690593

ClientEarth: Press Release, 20/05/2021: EU Parliament champions compliance with international rule of law https://www.clientearth.org/latest/press-office/press/eu-parliament-champions-compliance-with-international-rule-of-law/

Jurist: News, 22/05/2021: European Parliament approves amendments to law allowing public to challenge negative environmental decisions https://www.jurist.org/news/2021/05/european-parliament-approves-amendments-to-law-allows-public-to-challenge-negative-environmental-decisions/

ClientEarth: Press Release, 13/07/2021: EU pulls down barriers for public to challenge environmental wrongdoing in court https://www.clientearth.org/latest/press-office/press/eu-pulls-down-barriers-for-public-to-challenge-environmental-wrongdoing-in-court/

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