Recent developments in
EU legislation relevant to
the future development of
article 6 of the Aarhus
Convention
European Commission, DG Environment, A2
Compliance promotion, governance and legal
issues
Public participation under EU law
an outline
• Plans, programmes: SEA, Directive
2003/35/EC, Water Framework Directive, Waste
Framework Directive, Habitats Directive
• Individual decisions/projects: Habitats
Directive, EIA, IPPC Directive
Public participation in EU law
• Two main solutions:
•
• AC Art.6(1) a) - list of activities in Annex I
• Examples in EIA Directive Annex I and IPPC Directive
Art. 6(1) b) - other activities „which may have a significant
effect on environment”
• EIA Directive Annex II projects
• „Parties shall determine whether such a proposed
activity is subject to...” (screening)
Public participation (2) in EU law
• - IPPC Directive (IED)
• - Scope: industrial activities
• - No screening
• - Public participation for activities covered those
that appear in the Annex
Recent developments:
EIA – the review
• Improve the functioning of the EIA Directive by:
• - Simplify existing EIA procedures (i.e. screening)
• - Reinforce the quality components of the EIA
process, provide more details and guarantees
• - Consistency with other instruments, etc.
• - options are being currently considered
Recent developments: Seveso III
Background: the "Seveso" accident happened in 1976 at
a chemical plant in Seveso, Italy, manufacturing
pesticides and herbicides.
Main aim/scope: covering installations with a certain
level of chemical activity
Public participation
- public participation on specific individual projects and
reference to Directive 2003/35/EC for public participation
on general plans and programmes,
-Public participation also on external emergency plans
Recent developments: Seveso III (2)
Access to justice – new provision, not linked to
plans, only to individual decisions
Administrative and judicial review of the acts/omissions in
relation to requests for any information held under the
directive
At least judicial review of acts/omissions in relation to
cases of public participation on specific individual projects
No access to justice in relation to public participation on
general plans and programmes, unless otherwise provided
under national law
Recent developments: Proposal
for an Oil rig Regulation COM/2011/0688 final - 2011/0309 (COD)
• Scope: aim is to include oil drilling activities,
authorisations, incuding not only extraction, to be
seen if exploration activities will be covered
• Public participation: ideally both plans (less
detailed rules) and individual projects (more
detailed) shall be covered
• - reference is proposed to public participation
provisions of EIA Directive and also of Directive
2003/35/EC/SEA on plans
• - safety emergency plans would also be included
under public participation
•Thank you for your
attention!