Press releases
06.November 2002 - 00:00
New legislation agreed expanding citizens' rights to environmental information
The Parliament and Council delegations reached agreement on Wednesday afternoon on the final shape of new legislation that will give members of the public easier access to information on environmental matters held by public authorities and will improve the quality of the information supplied.
The deal was endorsed unopposed, with eleven votes in favour and one abstention, by Parliament's negotiators who said it achieved many of Parliament's aims in strengthening the rights of citizens seeking information from national, regional or local authorities on, for example, the contamination of a river, a new building project or the destruction of a wildlife habitat.
The crux of the negotiations was whether the new directive on public access to environmental information, the first of three designed to align EU law with the UN 1998 Aarhus Convention on information, decision-making and redress in environmental matters, should be tougher than the Convention itself. The Council sought to stick to the Convention whilst Parliament was determined to go further and succeeded in this.
Parliament and Council have agreed that public officials should be obliged actively to assist citizens seeking information. A particular achievement hailed by the chair of the EP delegation, Charlotte Cederschiöld (EPP-ED, Sweden), is that where documents are withheld under the exemptions allowed in the directive they should be listed. Moreover, in addition to taking into account the public interest served by disclosure when access to internal communications is refused, contact details and dates for the completion of documents must be given when draft or internal documents are withheld.
Parliament's negotiators have also introduced quality standards to ensure that information supplied by the Member States is up-to-date, accurate and reliable and a provision encouraging the use of IT in providing information. In addition, the contamination of the food chain is included in the definition of environmental information.
On the question of fees, Parliament and Council have agreed that, as a starting point, information should be provided for free but that charges, limited to "a reasonable amount", may be levied. A market-based charge can be made for information provided on a commercial basis.
Rapporteur Anneli Korhola (EPP-ED, Finland), who fought hard to defend Parliament's position, told the delegation that she accepted the compromise package agreement "with tears in my eyes" as she was disappointed by the difficulties in negotiating with Council. She feared that they would have repercussions for the imminent conciliation on the directive on public participation in environmental decision-making.
Once the new directive has been approved at third reading by both Parliament and Council it will be signed into law and must be implemented by the Member States within two years. Parliament will hold its third reading in December in Strasbourg.
Conciliation Committee
Chair of European Parliament delegation: Charlotte Cederschiöld (EPP-ED, Sweden)
Chair of Committee on the Environment, Public Health and Consumer Policy: Caroline Jackson, EPP-Ed, UK)
Rapporteur: Anneli Korhola (EPP-ED, Finland)
As soon as it is available, the joint text containing the new legislation will be posted on Parliament's web site http://www.europarl.eu.int/plenary/default_en.htm
under Activities; Plenary sessions; Joint texts approved by the Conciliation Committee
Des qu'il sera disponible, le projet communl contenant la nouvelle législation sera publié sur le site Internet du Parlement Européen sous : Activités; Séances plénières; Projets communs adoptés par le Comité de Conciliation
Press enquiries:
Mary Brazier
Tel: Brussels: 32.(0)2.284.26.72
email: mbrazier@europarl.eu.int.
The Parliament and Council delegations reached agreement on Wednesday afternoon on the final shape of new legislation that will give members of the public easier access to information on environmental matters held by public authorities and will improve the quality of the information supplied.
The deal was endorsed unopposed, with eleven votes in favour and one abstention, by Parliament's negotiators who said it achieved many of Parliament's aims in strengthening the rights of citizens seeking information from national, regional or local authorities on, for example, the contamination of a river, a new building project or the destruction of a wildlife habitat.
The crux of the negotiations was whether the new directive on public access to environmental information, the first of three designed to align EU law with the UN 1998 Aarhus Convention on information, decision-making and redress in environmental matters, should be tougher than the Convention itself. The Council sought to stick to the Convention whilst Parliament was determined to go further and succeeded in this.
Parliament and Council have agreed that public officials should be obliged actively to assist citizens seeking information. A particular achievement hailed by the chair of the EP delegation, Charlotte Cederschiöld (EPP-ED, Sweden), is that where documents are withheld under the exemptions allowed in the directive they should be listed. Moreover, in addition to taking into account the public interest served by disclosure when access to internal communications is refused, contact details and dates for the completion of documents must be given when draft or internal documents are withheld.
Parliament's negotiators have also introduced quality standards to ensure that information supplied by the Member States is up-to-date, accurate and reliable and a provision encouraging the use of IT in providing information. In addition, the contamination of the food chain is included in the definition of environmental information.
On the question of fees, Parliament and Council have agreed that, as a starting point, information should be provided for free but that charges, limited to "a reasonable amount", may be levied. A market-based charge can be made for information provided on a commercial basis.
Rapporteur Anneli Korhola (EPP-ED, Finland), who fought hard to defend Parliament's position, told the delegation that she accepted the compromise package agreement "with tears in my eyes" as she was disappointed by the difficulties in negotiating with Council. She feared that they would have repercussions for the imminent conciliation on the directive on public participation in environmental decision-making.
Once the new directive has been approved at third reading by both Parliament and Council it will be signed into law and must be implemented by the Member States within two years. Parliament will hold its third reading in December in Strasbourg.
Conciliation Committee
Chair of European Parliament delegation: Charlotte Cederschiöld (EPP-ED, Sweden)
Chair of Committee on the Environment, Public Health and Consumer Policy: Caroline Jackson, EPP-Ed, UK)
Rapporteur: Anneli Korhola (EPP-ED, Finland)
As soon as it is available, the joint text containing the new legislation will be posted on Parliament's web site http://www.europarl.eu.int/plenary/default_en.htm
under Activities; Plenary sessions; Joint texts approved by the Conciliation Committee
Des qu'il sera disponible, le projet communl contenant la nouvelle législation sera publié sur le site Internet du Parlement Européen sous : Activités; Séances plénières; Projets communs adoptés par le Comité de Conciliation
Press enquiries:
Mary Brazier
Tel: Brussels: 32.(0)2.284.26.72
email: mbrazier@europarl.eu.int.